Request By:
Mr. Dewey Sowders, Warden
Kentucky State Penitentiary
Eddyville, Kentucky 42038
Opinion
Opinion By: Steven L. Beshear, Attorney General; Carl Miller, Assistant Attorney General
Mr. Ed Wagner, Jr. has appealed to the Attorney General under KRS 61.880 your denial of inspection of certain public records in your custody. The records are described as
"1 copy Job Title of John Howard (Business Office - KS Penitentiary
1 copy Job Description of Job held by above person
1 copy Time Card (institutional) indicating full work week by above person in state duties"
In denying Mr. Wagner's request to inspect the above described records, you stated as follows:
"It is my policy as warden of this institution, that we not release to a convict information pertaining to employees."
OPINION OF THE ATTORNEY GENERAL
It is the opinion of the Attorney General that Mr. Wagner has the right to inspect the described records. There is no provision of KRS 61.778 which exempts such records from public inspection.
In OAG 79-546 we stated our opinion that an inmate in a penal institution has the same right to inspect public records as any other person. We also stated in that same opinion that no one would have the right to inspect documents which set forth procedure involving the security of the facility. We are also of the opinion that an inmate may be denied inspection of any document which would provide information which would constitute an unwarranted invasion of the privacy of an employee of the institution or his family, but we have repeatedly stated that a state employee's job assignment, work station and salary are not considered confidential and therefore records pertaining to such are not exempt from public inspection.
We believe that you have illegally withheld the three above described documents from Mr. Wagner and that you should provide the copies he has requested.
A copy of this opinion is being sent to Mr. Wagner. Under KRS 61.880(5) you should either comply with this opinion or seek injunction or declaratory relief in the circuit court within 30 days.