September 24, 1997

In re: Ronald Thiesmeyer/Otter Creek Correctional Center

This is an appeal from Otter Creek Correctional Center’s handling of an open records request submitted by Ronald Thiesmeyer, an inmate at Northpoint Training Center, on June 4, 1997. Mr. Thiesmeyer requested a copy of his "adjustment hearing tape #116." Although he could not provide this office with a copy of his written request, Mr. Thiesmeyer did provide us with a copy of the "authorization to use inmate account" form, dated June 4 and entered as received at Northpoint Training Center on June 5, 1997, directing the release of funds to Otter Creek to cover the cost of his adjustment hearing tape. In his letter of appeal, Mr. Thiesmeyer indicates that despite repeated assurances from Otter Creek that a copy of the tape would be sent to him, he has not received a copy to date.

Following receipt of this office’s notification of open records appeal, Lt. Marvin D. Moore, an employee of Otter Creek Correctional Center, responded to Mr. Thiesmeyer’s complaint. Lt. Moore stated that "no open records request and/or check were ever received at Otter Creek Correctional Center for or from Inmate Ronald Thiesmeyer." Nevertheless, Lt. Moore explained, he is aware that a request was made and a check forwarded to Otter Creek. He indicated that on three separate occasions, a copy of the tape was sent to Mr. Thiesmeyer, the latest occurring after Mr. Thiesmeyer initiated his open records appeal.

This appeal raises no legal issues appropriate for resolution under the Open Records Act. Instead, the issues presented are entirely factual. Otter Creek states that it has sent Mr. Thiesmeyer three copies of the tape, and Mr. Thiesmeyer denies that he has received them. The only documentary evidence submitted by either of the parties, consisting of the "authorization to use inmate account" form submitted by Mr. Thiesmeyer, supports his assertion that he made a formal open records request on June 4. Otter Creek is no doubt fully aware of its obligation under the Open Records Act. If Mr. Thiesmeyer has not yet received a copy of the tape, Otter Creek should provide him with a copy, and document, in some fashion, delivery to and acceptance by Mr. Thiesmeyer. This should end the dispute, and avoid future disputes relative to this particular record.

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. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.

ALBERT B. CHANDLER III

ATTORNEY GENERAL

Amye L. Bensenhaver

Assistant Attorney General

#887

Distributed to:

Ronald Thiesmeyer #119381

Northpoint Training Center

P.O. Box 479

Burgin KY 40310

Lt. Marvin D. Moore

Otter Creek Correctional Center

P.O. Box 500

Wheelwright KY 41669-0500

R. Allen McCartney

Seagrams Building

2500 7^th Street Road

Louisville KY 40208