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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 Eastern Kentucky Correctional Complex properly relied on KRS 61.878(1)(i) and (l) and KRS 197.025(1) in denying Alberto Gutierrez's June 11, 1998, request for a copy of the facility's meritorious housing waiting list. We believe that 97-ORD-33, a copy of which is attached and incorporated by reference, is controlling. Eastern Kentucky Correctional Complex did not violate the Open Records Act in withholding the 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.

LLM Summary
The Attorney General's decision upheld the Eastern Kentucky Correctional Complex's denial of Alberto Gutierrez's request for a copy of the facility's meritorious housing waiting list. The decision was based on specific exemptions under KRS 61.878(1)(i) and (l) and KRS 197.025(1), and was supported by the precedent set in 97-ORD-033, which was found to be controlling in this matter.
Disclaimer:
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Requested By:
Alberto Gutierrez
Agency:
Eastern Kentucky Correctional Complex
Type:
Open Records Decision
Lexis Citation:
1998 Ky. AG LEXIS 109
Cites:
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