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 Kentucky State Penitentiary (KSP) properly relied on KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), in denying Tony M. Harris's request to inspect the MCI phone company contract with KSP, where he presently resides. We believe that 98-ORD-150 and 01-ORD-129, as they relate to KRS 197.025(2), are controlling. A copy of those decisions are attached hereto and incorporated by reference. We affirm the Department's denial of Mr. Harris's request on the basis that the requested record does not relate directly to him. 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 proceedings.
Tony M. Harris, # 85110Kentucky State PenitentiaryP.O. Box 5128Cell # 6 - K - 6Eddyville, KY 42038-5128
Katie G. ParkerRecords CustodianKentucky State PenitentiaryP.O. Box 128Eddyville, KY 42038-0128
Emily DennisStaff AttorneyDepartment of CorrectionsOffice of General Counsel2439 Old Lawrenceburg RoadFrankfort, KY 40602