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 although its response was procedurally deficient, 1 Eastern Kentucky Correctional Complex did not violate the Open Records Act in denying inmate Marvin Pennington's November 10, 2005, 2 request for "one copy of Charles E. Williams, Director Operations, DOC Adult Institution's Memo of official shoe list dated 10-31-2005 (revised) (2 pages)." It is the decision of this office that 03-ORD-073, a copy of which is attached hereto, and incorporated by reference, is dispositive of the issue on appeal. KRS 61.884 notwithstanding, an inmate is not entitled to inspect a public record unless that record "contain[s] a specific reference to the [requesting inmate] " per KRS 197.025(2). Here, as in 03-ORD-073, we find that under no construction of KRS 197.025(2) can it be said that the requested memorandum contains a specific reference to the requesting inmate, Mr. Pennington. We therefore find that, with the exception of the procedural violation noted, EKCC did not violate the Open Records Act in denying Mr. Pennington'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.
Marvin Pennington, # 1199353-AL-04Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472
Tami WilliamsOffender Records CustodianEastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472
Sharon RoseInstitution CoordinatorEastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472
Emily DennisStaff AttorneyJustice and Public Safety CabinetOffice of Legal Services125 Holmes Street, 2nd FloorFrankfort, KY 40601
Footnotes
Footnotes
1 As acknowledged by counsel for the Justice and Public Safety Cabinet, EKCC failed to cite the specific provision, and associated open records exception, authorizing nondisclosure of the requested memorandum.
2 EKCC's records reflect that Mr. Pennington's request was received by the open records coordinator on November 14, 2005.
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