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 Marion Adjustment Center properly relied on KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), in its disposition of Lester W. Ward's request for that portion of Kell-Well Food Services's contract relating to inmate wages. We believe that 98-ORD-150, as it relates to KRS 197.025(2), is controlling. A copy of that decision is attached hereto and incorporated by reference. Although Marion Adjustment Center was not statutorily obligated to do so, it furnished Mr. Ward with all existing information that was responsive to his request, and had no further obligation to generate nonexistent information. Accordingly, we find no error in its response.
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.