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 the Department of Corrections, Division of Probation and Parole, did not violate the Open Records Act in denying Kerry R. Porter, Sr.'s, August 7, 2006, request for "any and all document[s] or records regarding the 'probationary status' of a Ms. Cecilia Ann Camp (or Sanders)" on the basis of KRS 197.025(2). We believe that 05-ORD-272, and in particular, the analysis found in the first full paragraph located on page 5, is controlling on this issue. As "an inmate confined in a jail or any facility . . . under the jurisdiction of the department [of Corrections]," Mr. Porter is not entitled to inspect records in the department's custody, unless the records "contain[] a specific reference to [him]." KRS 197.025(2). A copy of 05-ORD-272 is attached hereto and incorporated by reference. The Division of Probation and Parole complied with the requirements of the Open Records Act by issuing a timely response to Mr. Porter's request in which it cited the proper statutory basis for denying him access.
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.
Kerry R. Porter, Sr., # 126950Dorm 02-DL-05AEastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472
Patricia Combs, Branch ManagerProbation and Parole410 West Chestnut StreetLouisville, KY 40202
Emily Dennis, Staff AttorneyJustice and Public Safety CabinetOffice of Legal Services125 Holmes Street, 2nd FloorFrankfort, KY 40601