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23-ORD-071

March 28, 2023

In re: Uriah Pasha/Kentucky State Police

Summary: The Office cannot find that the Kentucky State Police
(“KSP”) violated the Open Records Act (“the Act”) when it did not
respond to a request that it did not receive.

Open Records Decision

Inmate Uriah Pasha (“Appellant”) claims to have submitted a request to KSP
on February 2, 2023, for records related to two criminal cases involving two KSP
officers. On February 20, 2023, the Appellant initiated this appeal having received
no response from KSP.

On appeal, KSP claims it did not respond to the Appellant’s request because it
did not receive it. KSP states it searched its records of open records request received
at its headquarters, but could not find any record of receiving the Appellant’s
request.1 Upon receipt of the notice of appeal, KSP provided 12 pages of records
responsive to the Appellant’s request. However, it redacted some personal identifying
information under KRS 61.878(1)(a).2

1
Specifically, the KSP states there is no entry for the Appellant’s request in its master spreadsheet
that it uses to track all records requests it receives.
2
Under KRS 61.878(1)(a), “[p]ublic records containing information of a personal nature where the
public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy” are
exempted from inspection. The Kentucky Supreme Court has held that certain categories of
information about private individuals that provides minimal insight into governmental affairs may be
categorically redacted under KRS 61.878(1)(a). Ky. New Era, Inc. v. City of Hopkinsville, 415 S.W.3d
76, 89 (Ky. 2013). The redactions here appear to be dates of birth and addresses of private individuals.
The Appellant has not challenged these redactions.Upon receiving request to inspect records, a public agency must decide within
five business days whether to grant the request or deny it. KRS 61.880(1). But here,
KSP claims it never received the request, and thus, the statutory period to respond
did not begin until it received a copy of the request with notice of this appeal. The
Office has consistently found it is unable to resolve factual disputes between a
requester and a public agency, such as whether an agency received a request to
inspect records. See, e.g., 23-ORD-005; 22-ORD-216; 22-ORD-148; 22-ORD-125; 22-
ORD-100; 22-ORD-051; 21-ORD-163. As a result, this Office is unable to resolve this
factual dispute or find that KSP violated the Act.

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/ Matthew Ray

Matthew Ray

Assistant Attorney General

#098

Distributed to:

Uriah Pasha #092028
Michelle Harrison
Stephanie Dawson
Abbey Hub

LLM Summary
The decision in 23-ORD-071 addresses a claim by an inmate that he submitted an open records request to the Kentucky State Police, which they did not respond to because they did not receive it. The Office determined that it cannot resolve factual disputes about whether the request was received and therefore could not find that the Kentucky State Police violated the Open Records Act.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Uriah Pasha
Agency:
Kentucky State Police
Forward Citations:
Neighbors

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