26-ORD-158 – Eric Hermansen/Eastern Kentucky Correctional Complex

Opinion Content:

April 9, 2026

In re: Eric Hermansen/Eastern Kentucky Correctional Complex

Summary: The Office cannot find that the Eastern Kentucky
Correctional Complex (“the Complex”) violated the Open Records Act
(“the Act”) because the Office cannot resolve the factual dispute between
the parties.

Open Records Decision

By letter dated February 19, 2026, inmate Eric Hermansen (“Appellant”)
submitted a request to the Complex seeking the January 20, 2026, letter he sent to
the Complex’s warden and any emails “related to the requested inquiry.” On March
10, claiming he had received no response from the Complex, the Appellant initiated
this appeal.

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.” KRS 61.880(1). Here, the Appellant claims he submitted his request
to the Complex on February 19, and more than five business days later, he had yet to
receive a response. On appeal, the Complex stated it received the Appellant’s request
on March 2 and mailed him a timely response on March 5, providing him with all
responsive records. 1

The Office has regularly found that it is unable to resolve factual disputes
between a requester and a public agency, such as whether an agency received a
request or a requester received a response. See, e.g., 23-ORD-276 (factual dispute as

1 Specifically, the Complex states it provided a “Records Request form B-010-1-CRCC” for the
Appellant to fill out and return, but that the Appellant declined and informed the Complex that he
would file an appeal.

to whether a requester received a response to his request). Similarly, here, the Office
cannot find the Complex violated the Act because the Office cannot resolve the factual
dispute between the parties as to whether or when the Appellant received the
Complex’s response to his February 19 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 [email protected].

Russell Coleman
Attorney General

/s/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General

Eric Hermansen #126673
Nathan Goens
Charles Bates
Sara Talarigo
Ann Smith