04-ORD-112 | KOGC

Opinion

Opinion By: Gregory D. Stumbo, Attorney General; Amye L. Bensenhaver, 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 Kentucky State Reformatory properly relied on KRS 197.025(2) in denying Lawrence M. Froman's April 6, 2004, request for a list of correctional officers who worked in Dorm 7 at KSR within the past year. It is our opinion that 04-ORD-071, a copy of which is attached hereto, and incorporated by reference, is controlling. Because the requested record does not contain a specific reference to Mr. Froman he is foreclosed from inspecting the record by operation of KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l).

We concur with KSP in the view that the remaining issue on appeal was mooted by disclosure of the records Mr. Froman requested on March 23, 2004, consisting of the "last [two] letters sent to Deputy Warden Stephens." By letter dated may 21, 2004, Staff Attorney Emily Dennis, Justice and Public Safety Cabinet, advised that the responsive records were provided to Mr. Froman, at no charge, on May 21. Pursuant to 40 KAR 1:030 Section 6, "[i]f the requested documents are made available to the complaining party after a complaint is made, the Attorney General shall decline to issue a decision the matter."

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.

Lawrence M. Froman, # 100759Kentucky State Reformatory3001 W. Hwy. 146LaGrange, KY 40032

Warden Larry ChandlerKentucky State Reformatory3001 W. Hwy. 146LaGrange, KY 40032

Emily DennisJustice and Public Safety CabinetOffice of Legal Services2439 Lawrencebug RoadP. O. Box 2400Frankfort, KY 40602

LLM Summary

The Attorney General's decision supports the Kentucky State Reformatory's denial of Lawrence M. Froman's request for a list of correctional officers based on KRS 197.025(2), which restricts access to records that do not specifically reference the individual requesting them. The decision follows the precedent set by 04-ORD-071, which is directly applicable to this case. Additionally, the decision notes that the issue regarding another request was mooted by the disclosure of the requested records.

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