Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that Bell County Forestry Camp properly relied on KRS 197.025(1), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), in denying Christopher A. Estep's April 17, 1998, request for material safety data sheets on "all cleaner and chemicals which inmates are required to use for cleaning in the institution." We believe that 97-ORD-134, and in particular the discussion at pages one through three of that decision, is controlling. A copy of the decision is attached hereto and incorporated by reference. Bell County Forestry Camp makes a sufficient showing under KRS 197.025(1) that material safety data sheets contain information about chemicals and cleaners which might be used by one inmate to inflict injury on another inmate, correctional staff, or person, and thus constitute a threat to the security of the institution.
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.