22-ORD-193
September 29, 2022
In re: Darryl Barnes/Roederer Correctional Complex
Summary: This Office cannot find that the Roederer Correctional
Complex (the “Complex”) violated the Open Records Act (“the Act”) when
it failed to respond to a request under the Act that it claims it never
received.
Open Records Decision
Inmate Darryl Barnes (“Appellant”) claims that on May 6, 2022, he submitted
a request to the Complex for a copy of a “theft report and grievance [he] filed” after
his property went missing. On July 22, 2022, having received no response from the
Complex, the Appellant initiated this appeal.
On appeal, the Complex claims that it “never received” the Appellant’s May 6,
2022 request. The Complex further argues that the Appellant failed to initiate his
appeal within the twenty days required by KRS 197.025(3) and is therefore time-
barred.
Under KRS 197.025(7), a correctional facility must respond to an inmate’s
request to inspect public records within five business days of receipt of the request.
Here, the Appellant claims that he submitted a request to inspect records to the
Complex on May 6, 2022, but that the Complex did not respond to that request. The
Complex explains that it did not respond to the Appellant’s May 6, 2022, request
because it claims that it did not receive that request. This Office has consistently
found that it is unable to resolve factual disputes between a requester and a public
agency, such as whether an agency received a request. See, e.g., 22-ORD-148, 22-ORD-125; 22-ORD-100; 22-ORD-051; 21-ORD-163. Consequently, this Office is
unable to find that the Complex violated the Act when it failed to respond to a request
that it claims it never received.1
A party aggrieved by this decision may appeal it by initiating action in the
appropriate circuit court under KRS 61.880(5) and KRS 61.882 within 30 days from
the date of this decision. Under KRS 61.880(3), the Attorney General shall be notified
of any action in circuit court, but shall not be named as a party in that action or in
any subsequent proceedings. The Attorney General will accept notice of the complaint
emailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/Marc Manley
Marc Manley
Assistant Attorney General
#315
Distributed to:
Darryl Barnes # 300524
Amy V. Barker
Sara M. Pittman
Ann Smith
1
Although the Complex claims that the Appellant’s appeal is time barred, the Appellant has
properly perfected his appeal. Under KRS 197.025(3), “all persons confined in a penal facility shall
challenge any denial of an open records request by mailing the Attorney General a copy of the
appropriate documents within twenty (20) days of the denial.” Neither the Appellant nor the Complex
claims the Appellant’s request was denied. Rather, the Complex claims to have never received the
request and it therefore was unable to issue a denial. And if the Complex did not issue a denial, then
the Appellant’s twenty-day deadline never began.