03-ORD-209 | KOGC

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 the Kentucky State Penitentiary properly relied upon KRS 197.025(1), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), and KRS 61.878(4), in masking a portion of Mr. Savage's request for a copy of the disciplinary reports that two inmates received as the result of an altercation with him.

KRS 197.025(1) provides that no person, including any inmate under the jurisdiction of the Department of Corrections, shall have access to any records if the disclosure is deemed by the commissioner of the department or his designee to constitute a threat to the security of the inmate, any other inmate, correctional staff, the institution, or any other person.

KRS 61.878(4) provides: "[i]f any public record contains material which is not excepted under this section, the public agency shall separate the excepted and make the nonexcepted material available for examination."

Mr. Savage was provided a copy of the records he requested with some of the information masked upon a determination that disclosure of the redacted information would constitute a threat to the security of the inmate, any other inmate, or the facility. We believe that 97-ORD-134, and in particular the discussion at pages one through three of that decision is controlling. A copy of the decision is attached hereto and incorporated by reference.

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.

James Savage, # 117376Kentucky State PenitentiaryP.O. Box 5128Eddyville, KY 42038

Deputy Warden SimpsonKentucky State PenitentiaryP.O. Box 5128Eddyville, KY 42038

Nancy DuncanRecords CustodianKentucky State PenitentiaryP.O. Box 5128Eddyville, KY 42038

Emily DennisKY Department of Corrections2439 Old Lawrenceburg RoadP.O. Box 2400Frankfort, KY 40602-2400

LLM Summary

The Attorney General's decision supports the Kentucky State Penitentiary's action of masking portions of disciplinary reports requested by Mr. Savage under the Open Records Act. The decision follows the precedent set by 97-ORD-134, which discusses the balance between public record access and security concerns, affirming that the redaction was appropriate under KRS 197.025(1) and KRS 61.878(4) to prevent security threats.

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