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 Boyd County Detention Center's response to Wayne Eplion's open records request was procedurally and substantively deficient. It is the decision of this office that 07-ORD-020, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue on appeal.
In addition, in his response to Mr. Eplion's request for records relating to "individuals named Dustin Salvage, Jason Tackett and David Blair, as well as any individuals bearing the given names "Reese" or "Adam," the Boyd County Attorney advised that he had instructed the Detention Center to locate all records pertaining to these individuals but at this point in consideration of their privacy rights, the Detention Center would only respond to Mr. Eplion's request for his own personal records, absent him providing a proper release from any other inmates for whom he requested records. We note that the Open Records Act does not require a release for access to public records and the Detention Center failed to cite the exception authorizing nondisclosure, such as KRS 61.878(1)(a) (public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy) or KRS 197.025 (statute setting forth restrictions on access to inmate and facility records). Until it has done so, its statutory obligations relative to this portion of Mr. Eplion's request, will not be fully discharged.
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.
Wayne Eplion, # 161020Joe Burchett, Jailer2714 Louisa StreetP.O. Box 455Catlettsburg, KY 41129-0455
Phillip HedrickBoyd County Attorney2800 Louisa StreetP.O. Box 425Catlettsburg, KY 41129-0425