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 Northpoint Training Center properly relied on KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), in denying Frank Simpson's August 14, 2001 request for a copy of a memorandum at the Northpoint Training Center regarding inmate possession of softball or baseball cleats.
We believe that 98-ORD-150, as it relates to the 1998 amendments to KRS 197.025, and as affirmed with respect to copies of 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 concerns all inmates and thus relates directly 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. Simpson], and every other inmate with a similarly tenuous claim, would defeat the purpose for which KRS 197.025(2) was enacted." In the absence of any evidence of an abuse of discretion vested in the institution, we affirm the Northpoint Training Center's denial of Mr. Simpson's request.
Frank Simpson, # 104529-D5P.O. Box 479Burgin, KY 40310-0479
Kathy GiffordNorthpoint Training CenterP.O. Box 479Burgin, KY 40310
Brian A. LoganStaff AttorneyDepartment of CorrectionsOffice of General Counsel2439 Old Lawrenceburg RoadFrankfort, KY 40602-2400