00-ORD-170

September 6, 2000

In re: James Blair/Western Kentucky Correctional Complex

Open Records Decision

The question presented in this appeal is whether Western Kentucky Correctional Complex violated the Open Records Act by failing to respond to James Blair’s request for records in a timely fashion. For the reasons that follow, we conclude that WKCC did not violate the Act.

On August 9, 2000, Mr. Blair submitted a records request to WKCC’s custodian of records, Ellen Cockerhan. Mr. Cockerhan received Mr. Blair’s request on August 10, 2000, and responded by furnishing him with a copy of the record identified in his request on August 14, 2000. On August 18, 2000, Mr. Blair initiated this appeal, asserting that WKCC failed to respond in a timely fashion, and requesting that the Attorney General award him $25 per day for each day WKCC failed to comply with the Open Records Act. It is the opinion of this office that Mr. Blair’s complaint is devoid of merit.

With respect to the procedural requirements of the Open Records Act, as they pertain to correctional facilities, KRS 197.025(7) provides:

Upon receipt of a request for any record, the department shall determine within five (5) days after receipt of the request, excepting Saturdays, Sundays, and legal holidays, whether the records shall be released.

This specific statutory scheme, governing correctional facility response time to an open records request, supercedes the general statutory scheme, governing public agency response time, codified at KRS 61.880(1)¹ This being the case, WKCC was authorized to respond to Mr. Blair’s request in five, rather than three, business days. Ms. Cockerhan’s response was issued well within the five day statutory response time codified at KRS 197.025(7). It is our opinion that 99-ORD-102, a copy of which is attached hereto and incorporated by reference, is controlling. We find no error in WKCC’s disposition of Mr. Blair’s open records 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.

Albert B. Chandler III

Attorney General

Amye L. Bensenhaver

Assistant Attorney General

#505

Distributed to:

James Blair, 108833

Western Kentucky correctional Complex

P O Box 5000

Eddyville, KY 42038-5000

Ellen Cockerman

Open Records Coordinator

Western Kentucky Correctional Complex

P. O. Box 5000

Eddyville, KY 42038-5000

Tamela Biggs

Department of Corrections

Office of General Counsel

2439 Old Lawrenceburg Road

Frankfort, KY 40602

[1] KRS 61.880(1) provides as follows:

Each public agency, upon any request for records made under KRS 61.870 to 61.884, shall determine within three (3) days, excepting Saturdays, Sundays, and legal holidays, after the receipt of any such request whether to comply with the request and shall notify in writing the person making the request, within the three (3) day period, of its decision. An agency response denying, in whole or in part, inspection of any record shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld. The response shall be issued by the official custodian or under his authority, and it shall constitute final agency action.

LLM Summary

In 00-ORD-170, the Attorney General concluded that the Western Kentucky Correctional Complex did not violate the Open Records Act when responding to James Blair's records request. The decision was based on the statutory response time specifically applicable to correctional facilities, which allows five business days to respond, as opposed to the general three business days for public agencies. The decision follows the precedent set in 99-ORD-102 regarding the interpretation and application of the Open Records Act in similar contexts.

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