Request By:
Kenneth L. LaPradd # 119159
Green River Correctional Complex
P.O. Box 9300
Central City, KY 42330-9300Teresa Shankin
Offender Records Specialist
Green River Correctional Complex
P.O. Box 9300
Central City, KY 42330-9300Tamela Biggs
Office of General Counsel
Department of Corrections
2439 Old Lawrenceburg Road
Frankfort, KY 40602-2400
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 the Green River Correctional Complex properly relied on KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), in denying Kenneth L. LaPradd's January 17, 2001 request for a copy of the Corrections Policies and Procedures (CPP) being used for drug testing procedures.
We believe that 98-ORD-150, as it relates to the 1998 amendments to KRS 197.025, and as affirmed with respect to historical corrections policies and procedures in 00-ORD-2, is controlling. Copies of these decisions are attached hereto and incorporated by reference. Here, as in 00-ORD-2, the requester asserts that corrections policies and procedures directly relate to him, and here as in 00-ORD-2, we reject this argument. Because such policies and procedures are applicable to every inmate housed by the Department of Corrections, "to require disclosure to [Mr. LaPradd], and every other inmate with a similarly tenuous claim, would defeat the purpose for which KRS 197.025(2) was enacted." We affirm the Green River Correctional Complex's denial of Mr. LaPradd'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.