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 open records appeal, and the Attorney General being sufficiently advised, we find that the Eastern Kentucky Correctional Complex (EKCC) and the Department of Corrections properly denied Michael Mabrey's request to inspect records relating to the Wellness Club, an inmate social club at the institution, as the requested records did not relate directly to him. Although the agencies failed to cite the specific exceptions authorizing nondisclosure, KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), they explained the basis for the denial, i.e., the records requested did not pertain directly to the inmate requesting them. We believe that 98-ORD-150, as it relates to KRS 197.025(2) is controlling. A copy of this decision is attached hereto and incorporated by reference. We affirm the denial of Mr. Mabrey's request on the basis of KRS 197.025(2); 98-ORD-150.
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.
Michael Mabrey, # 144766Eastern Kentucky Correctional ComplexRoad to JusticeWest Liberty, KY 41472-2140
Michele NickellEastern Kentucky Correctional ComplexP.O. Box 636West Liberty, KY 41472
William R. Lundy, Jr.Department of CorrectionsOffice of General Counsel2439 Old Lawrenceburg RoadFrankfort, KY 40602