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 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 (MAC) properly relied on KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), in denying Gregory Herbig's open records request for a copy of certain ACA Standards.
As authorized by KRS 61.880(2) and 40 KAR 1:030, Section 2, C. Mike Moulton, attorney for MAC, provided this office with a response to the issues raised in Mr. Herbig's appeal. In his response, Mr. Moulton stated, in pertinent part:
This firm represents Corrections Corporation of America (CCA) at Marion Adjustment Center (MAC). In response to inmate Gregory Herbig's open records request and subsequent appeal, my client affirmatively states they have complied with the open records statutes.
KRS 197.025(2) states: "KRS 61.872 to the contrary notwithstanding, the department shall not be required to comply with a request for any record from any inmate confined in a jail or any facility or any individual on active supervision under the jurisdiction of the department, unless the request is for a record which pertains to that individual." The "department" referred to is the Kentucky Department of Corrections. Pursuant to KRS 505 through 525, CCA is under contract with the Department of Corrections to operate the correctional facility at MAC and is therefore an arm of the department entitled to the protections of KRS 197.025(2).
The documents which inmate Herbig is requesting are documents which express the standards established by a civilian accreditation entity which accredits prisons. Those standards are not MAC or the department's policies, nor do they in any way pertain to Herbig. The administration of MAC has graciously offered to make available particular standards to inmates if the reason for their request is material to any need of the inmate. There is no time table set for review of the inmates' request or for copying of the standards for the inmate if the request is approved.
In this particular case, Herbig's request was honored and the documents given to him some two or three weeks ago. Evidently, MAC's response was not quick enough to suit his desire, therefore these proceedings were implemented. However, as stated, providing the documents is not a requirement under any rules, policy, regulations or statute. MAC does so only because it chooses to do so, but not at the inmates convenience or time table.
We believe that 98-ORD-150, as it relates in the 1998 amendments to KRS 197.025, is controlling. A copy of that decision is attached hereto and incorporated by reference. Accordingly, we find that Marion Adjustment Center's response to Mr. Herbig's request was proper and did not constitute a violation of the Open Records Act.
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.