Opinion
Opinion By: Gregory D. Stumbo, Attorney General; James M. Ringo, 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 (KSP) did not violate the Open Records Act in denying Charles Robinson's request ". . . to view the Lyon County Division of Water reported results from a state certified laboratory in hydrobiology, and hydrology and hydrostatics. For samples of drinking water drawn and tested at KSP for the months of Aug 2002, Aug 2003, Dec 2003, Jan 2004, Feb 2004 and March 2004" 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. Robinson, 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. Robinson'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.
Charles Robinson, # 126756Kentucky State PenitentiaryP.O. Box 128Eddyville, KY 42038
Joe H. StuartKentucky State PenitentiaryP.O. Box 128Eddyville, KY 42038
Emily DennisJustice & Public SafetyOffice of General Counsel2439 Lawrenceburg RoadP.O. Box 2400Frankfort, KY 40602-2400
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.