Butler County Jailer Terry Fugate impeded an inmate’s access to open records to which he was entitled, according to a state attorney general’s ruling issued last week.

An open records decision released Thursday by Attorney General Andy Beshear’s office found that Fugate should have provided a response in writing to Doy Beasley within a three-day period of Beasley’s request for a record relating to a Prison Rape Elimination Act grievance.

Beasley, who is serving a 25-year sentence for kidnapping, second-degree assault and first-degree fleeing or evading police, requested copies of PREA grievances on Jan. 25 and asked to be billed for the records, offering to write a check himself or have a family member come to Butler County Jail to pay within 30 days.

Beasley received no response from Fugate, which led to an open records appeal.

On Feb. 22, Butler County Attorney Dick Deye responded on behalf of Fugate, acknowledging that the jailer possessed the records Beasley requested and that a 10-cent per page charge would be assessed, making for a total fee of 60 cents.

Interviewed Monday, Deye said a “miscommunication” accounted for the lack of a timely response from the jailer.

“The jailer was under the impression somebody was going to come by and pay for them,” Deye said. “It seems like a communications issue between Mr. Beasley and who was going to pay for it and how it was going to be paid. The jailer was under the belief a member of Mr. Beasley’s family would be by to take care of it.”

The response noted that prepayment of copying fees was required.

The attorney general’s office found that Fugate did not violate the Kentucky Open Records Act, but noted that a failure to respond in a timely fashion to the request for documents “impeded Beasley’s right of access.”

“Given the jailer’s silence, Mr. Beasley was wholly unaware that the records were available and therefore unable to make provision for payment of copying costs,” the ruling stated.

— Follow courts reporter Justin Story on Twitter @jstorydailynews or visit bgdailynews.com.