Opinion
Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This question having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that Kentucky State Penitentiary did not violate the Open Records Act in refusing to provide Phildosha's Umar Aljami with copies of the records identified in his April 18, 2002 records request because there were insufficient funds in his inmate account to pay for the copies. Mr. Aljami was so notified in KSP's April 24 response from Records Supervisor Nancy Duncan, a copy of which is attached. We believe that 98-ORD-157, a copy of which is also attached and incorporated by reference, is controlling.
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.
Phildosha's Umar AljamiBox 5128Eddyville, KY 42038
Glenn HaeberlinKentucky State PenitentiaryP.O. Box 128Eddyville, KY 42038-0128
Steve DurhamDepartment of CorrectionsOffice of General Counsel2439 Old Lawrenceburg RoadFrankfort, KY 40602-2400
Will LundyDepartment of CorrectionsOffice of General Counsel2439 Old Lawrenceburg RoadFrankfort, KY 40602-2400