Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
This matter comes to the Attorney General on appeal from the Eastern Kentucky Correctional Complex's (EKCC) denial of James Perry's open records request for copies of the following documents: "the dorm -1 honor housing waiting list; both the janitor waiting list and the regular waiting list --including minority and non-minority waiting list. "
Citing KRS 61.878(1)(i), Cecelia Underwood, Unit Director, EKCC, denied Mr. Perry's request, stating that the list was used only by unit staff for the placement of inmates in Dorm 1 at EKCC.
After receipt of the letter of appeal, we sent a "Notification of Receipt of Open Records Appeal" to EKCC and enclosed a copy of Mr. Perry's letter of appeal. As authorized by KRS 61.880(2) and 40 KAR 1:030, Section 2, Tamela Biggs, Esq., Staff Attorney, Department of Corrections, on behalf of EKCC, provided this office with a response to the issues raised in the appeal. In her response, Ms. Biggs stated:
I have reviewed Ms. Underwood's response to Mr. Perry's request. Ms. Underwood correctly cited KRS 61.878(1)(i) in denying the inmate access to the referenced waiting lists; however, she did not state how such statutory exception was applicable and she failed to cite and apply KRS 197.025. I respectfully refer you to a copy of 97-ORD-33, in particular pages 2 through 4, which the Department believes is controlling in this case. (Attached hereto as Exhibit 1) According to Ms. Underwood, Eastern Kentucky Correctional Complex does not maintain a separate "janitor waiting list" or a "minority and non-minority waiting list. " All such categories are included in the honor dorm waiting list.
We are asked to determine whether the EKCC properly denied Mr. Perry's request. We believe that 97-ORD-33 (copy enclosed) and the authorities cited therein are controlling as to the issues raised in this appeal and conclude that the EKCC did not violate the Open Records Act in denying Mr. Perry's request.
In 97-ORD-33, the EKCC explained that the honor dorm waiting list is an internal administrative reference document, not disclosed to the inmate population, that advises agency staff of inmates eligible for honor dorm status. Selection for placement is based on a variety of factors other than numerical placement, including racial balance and the particular job needed at the dorm at the time of selection. The agency further explained that the list was withheld from the inmates due to the potential conflicts and problems which could result among the inmates, particularly those vying for placement in the dorm, if the list was released and confrontations with staff ensued over perceived "misuse" of the list and selection criteria.
In 97-ORD-33, we found the Department of Corrections and the EKCC adequately established how release of the honor dorm waiting list could constitute a threat to the security of the institution, institutional staff, or inmates and held that the EKCC properly relied upon KRS 197.025 in denying access to that list. The same reasoning and conclusion apply to the instant appeal. The EKCC properly relied upon KRS 197.025 in denying Mr. Perry access to the honor dorm waiting list.
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.