Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having been submitted 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 denying James Savage's December 2, 2003 request for "the treatment book and guidelines the Dept. of Corr. uses to treat Hep. C . . ." on the basis of KRS 197.025(2). We believe that 03-ORD-073, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue on appeal. See also, 03-ORD-252. Because the requested records do not contain a specific reference to Mr. Savage, KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), 1 fully authorized KSP's denial of Mr. Savage's request.
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.
Footnotes
Footnotes
1 KRS 61.878(1)(l) authorizes public agencies to withhold:
Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly.