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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 the Department of Corrections properly relied on KRS 61.878(1)(l) and KRS 197.025(1) in denying Raymond David Watson's July 3, 1998, request for records reflecting disciplinary actions against Mark Sipek, an attorney in the Department's Office of General Counsel, or any other attorney in that office, arising out of a Board of Claims case styled Russell Graham v. Commonwealth of Kentucky . We believe that 97-ORD-189, a copy of which is attached hereto and incorporated by reference, is controlling. We find no error in the Department of Corrections' response to Mr. Watson's request.

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 Department of Corrections' denial of a records request concerning disciplinary actions against an attorney, based on specific statutory exemptions. The decision followed the precedent set in 97-ORD-189, which was attached and incorporated by reference, affirming the application of the statutes in similar circumstances.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Raymond David Watson
Agency:
Department of Corrections
Type:
Open Records Decision
Lexis Citation:
1998 Ky. AG LEXIS 103
Cites:
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