24-ORD-204
September 24, 2024
In re: Donald R. Phillips/Lee Adjustment Center
Summary: The Office cannot find that the Lee Adjustment Center (the
“Center”) violated the Open Records Act (“the Act”) because the Office
cannot resolve the factual dispute between the parties.
Open Records Decision
On August 8, 2024, inmate Donald R. Phillips (“Appellant”) submitted a request
to the Center for a “copy of [the Center’s] rules and regulations for obtaining
information pursuant to the [Act].” On August 18, 2024, the Appellant initiated this
appeal claiming that he had yet to receive any response from the Center.
Under KRS 61.880(1), upon receiving a request for records under the Act, a
public agency “shall determine within five (5) [business] days . . . after the receipt of
any such request whether to comply with the request and shall notify in writing the
person making the request, within the five (5) day period, of its decision.” Here, the
Appellant submitted a request to the Center on August 8, 2024, and claims he had
not received any response from the Center as of August 18. On appeal, the Center
states it received the Appellant’s request on August 8, and issued a response to that
request on August 13, 2024.1 The Office has previously found it is unable to resolve
factual disputes between a requester and a public agency, such as whether a
requester received an agency’s response to his request. See, e.g., 23-ORD-220.
Accordingly, the Office cannot find the Center violated the Act because the Office
1
The Center claims that, in its August 13 response, it denied the Appellant’s request under
KRS 197.025(2) because “his name would not be referenced in the records that he requested.” Further,
the Center claims that, once it received notice of this appeal, it drafted a new response informing the
Appellant that it “does not have facility specific policies and procedures” but it “follows KYDOC policies
and procedures” and provided a copy of those policies and procedures.cannot resolve the factual dispute between the parties as to whether the Appellant
received the Center’s response to his request.
A party aggrieved by this decision may appeal it by initiating an 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.
Russell Coleman
Attorney General
/s/ Matthew Ray
Matthew Ray
Assistant Attorney General
#364
Distributed to:
Donald R. Phillips #149748
Kristy Hale
Daniel Akers
G. Edward Henry, II