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 Kentucky State Reformatory (KSR) improperly relied on KRS 197.025(5) in denying Diyun Byars' requests for copies of audio cassette tape recordings made at adjustment proceedings and other records relating to the proceedings that took place at KSR on November 2, 2006, and January 5, 2007. 1 It is the decision of this office that 07-ORD-060 is dispositive of that issue on appeal. (In that decision, we held that, because corrections policies and procedures upon which Northpoint Training Center relied in denying request for adjustment committee tapes do not authorize expungement of those records, its denial of that request on the basis of KRS 197.025(5) constituted a violation of the Open Records Act.) A copy of 07-ORD-060 is attached hereto and incorporated by reference.
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.
Diyun Byars, # 145620
Lisa HeightchewOffender Information SupervisorKentucky State Reformatory3001 West Highway 146LaGrange, KY 40032
Emily DennisStaff AttorneyJustice and Public Safety CabinetOffice of Legal Services125 Holmes Street, 2nd FloorFrankfort, KY 40601
Footnotes
Footnotes
1 In its supplemental response to this office, KSR admits that its initial response violated KRS 61.872(5), in that it advised Mr. Byars that the tapes would be forwarded to him "as soon as possible" insofar as it did not provide a detailed explanation of the cause for further delay and the earliest date the record would be available for him. Accordingly, we will not belabor the point. KSR properly denied Mr. Byars access to workers compensation packet for Officer Berl Saylor under authority of KRS 197.025(2), as the records contain no specific reference to inmate Byars.