23-ORD-088
April 18, 2023
In re: Ben Richard/Luther Luckett Correctional Complex
Summary: The Luther Luckett Correctional Complex (“Complex”) did
not violate the Open Records Act (“the Act”) when it denied a request
seeking information rather than public records.
Open Records Decision
Inmate Ben Richard (“Appellant”) submitted a request to the Complex for “the
name of the Dep[artment] and employee who use[d] the ‘Jaypay withdraw’ function
on” January 29, 2023, to withdraw funds from his account. In a timely response, the
Complex denied the request because it was “a request for information, not a record.”1
This appeal followed.
On appeal, the Complex states that the Appellant’s request seeks “information
concerning the name of the department and employee” instead of public records. This
Office agrees. The Appellant’s request sought the name of an employee and that
employee’s department. This request does not describe public records to be inspected,
but rather, it seeks information. See, e.g., 21-ORD-166 (an agency properly denied a
request seeking “the names” of registered voters at particular addresses because the
request sought information and did not describe public records to be inspected); 21-
ORD-014 (same with respect to a request seeking “the total number” of
unemployment claims filed). The Act does not require public agencies to fulfill
requests for information, but only requests for records. KRS 61.872; Dep’t of Revenue
1
The Complex also denied the request under KRS 197.025(2) because “the information” did not
contain a specific reference to the Appellant. Additionally, and without explanation, the Complex
denied the request under KRS 439.510, an exemption incorporated into the Act under
KRS 61.878(1)(l). Regardless, because the Office agrees the Complex properly denied the request as
one seeking information instead of actual public records, the Office declines to consider the Complex’s
other reasons in support of its denial.v. Eifler, 436 S.W.3d 530, 534 (Ky. App. 2013) (“The ORA does not dictate that public
agencies must gather and supply information not regularly kept as part of its
records.”). Accordingly, the Complex did not violate the Act when it denied the
Appellant’s request as one seeking information rather than public records.
A party aggrieved by this decision may appeal it by initiating action in the
appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882 within 30 days
from the date of this decision. Pursuant to 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/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#126
Distributed to:
Ben W. Richard, Jr. #199197
Amy V. Barker
Edward Baylous
Lydia C. Kendrick
Ann Smith