Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the actions of Eastern Kentucky Correctional Complex relative to the request of Lloyd Richardson for copies of "the following ACA Standards[:] 3-4239, 3-4241 and 3-4242," violated the Kentucky Open Records Act. Having reviewed the record in its entirety and considered the relevant authorities, we believe that 03-ORD-073 and 04-ORD-076, copies of which are attached hereto and incorporated by reference, are controlling. Because the requested records clearly do not contain a "specific reference" to Mr. Richardson, EKCC was not statutorily obligated to honor his request as expressly provided by KRS 197.025(2), incorporated into the Open Records Act by virtue of KRS 61.878(1)(l). In addition, Mr. Richardson's related claim that EKCC Grievance Coordinator Dan Hittepole "purposely" failed to respond upon receiving his letter outlining "the differences between the requested standards and the compliance checklist which was sent" to him in violation of the Open Records Act is without merit. On appeal, Staff Attorney Emily Dennis, Justice and Public Safety Cabinet, advises us that Mr. Richardson failed to comply with 501 KAR 6:020, Corrections Policy and Procedure (CPP) 6.1, a copy of which is attached to her response on behalf of EKCC, by submitting his request to the Open Records Coordinator via institutional mail. Accordingly, any delay appears to be attributable to Mr. Richardson rather than EKCC. In sum, EKCC did not violate the Open Records Act in its disposition of Mr. Richardson's request.
A party aggrieved by this decision may appeal it by initiating an 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.
Lloyd Richardson, # 136748/9AL-12Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472-2140
Dan HittepoleGrievance Coordinator Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472-2140
Emily DennisDepartment of Corrections2439 Lawrenceburg RoadP.O. Box 2400Frankfort, KY 40602-2400