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 affirm Kentucky State Penitentiary's denial, on the basis of insufficient funds in his inmate account, of Harlan McIntosh's March 28, 2001, request for "the 13 Left videotape for 3/22/01 showing the showering of I/M Lonnie Smith at approximately 6:45 p.m. where I/M Lonnie Smith squirted something." We believe that OAG 91-210 and 95-ORD-90, copies of which are attached hereto and incorporated by reference, are controlling. Because public agencies may require prepayment for copies, we find no error in Kentucky State Penitentiary's disposition of Mr. McIntosh'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 proceedings.
Harlan McIntosh, # 130831Kentucky State PenitentiaryP.O. Box 128Eddyville, KY 42038
Glenn HaeberlinOpen Records CoordinatorKentucky State PenitentiaryP.O. Box 128Eddyville, KY 42038-0128
Stephen DurhamOffice of General CounselDepartment of Corrections2439 Old Lawrenceburg RoadFrankfort, KY 40602