Opinion
Opinion By: Gregory D. Stumbo,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 that the Eastern Kentucky Correctional Complex (EKCC) properly relied on KRS 197.025(2) in denying William Paris' request for a copy of a "memorandum stating that an inmate must be at EKCC 1 year with 1 year clear conduct that was issued by the Warden for an inmate to request a transfer." That provision is incorporated into the Open Records Act by operation of KRS 61.878(1)(l). 1 It is the decision of this office that 03-ORD-073 is dispositive of the issue on appeal. As an inmate confined in a jail or correctional facility, Mr. Paris is not entitled to obtain records under the Open Records Act "unless the request is for a record which contains a specific reference to" him. KRS 197.025(2). This statute constitutes an absolute prohibition on inmate access to any and all records that do not contain a specific reference to the inmate including policies and procedures. We therefore affirm EKCC's denial of Mr. Paris' 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.
William Paris, # 076545Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, 41472
Tami WilliamsEastern Kentucky Correctional Complex200 Road to Justice West Liberty, 41472
Emily DennisDepartment of Corrections2439 Lawrenceburg RoadP.O. Box 2400Frankfort, KY 40602-2400
Footnotes
Footnotes
1 KRS 61.878(1)(l) authorizes 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.
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