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 Little Sandy Correctional Complex did not violate the Open Records Act in conditioning inmate Barry Swanagan's right to obtain a copy of the audiotape of his June 5, 2007, adjustment hearing on his ability to prepay for the copy of that audiotape. We believe that 99-ORD-30, and in particular, the discussion at pages 4 and 5 of that decision, is dispositive of the issue on appeal. The Open Records Act contains no provision for waiver of the prepayment requirements found at KRS 61.872(3)(b) and KRS 61.874(1) for indigent inmates, and LSCC therefore did not violate the Act in denying Mr. Swanagan's request on the basis that he has insufficient funds in his inmate account to defray the cost of a copy.
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.
Barry Swanagan, # 167177Little Sandy Correctional ComplexRoute 5, Box 1000Sandy Hook, KY 41171
Beth HarperOffender Records CustodianLittle Sandy Correctional ComplexRoute 5, Box 1000Sandy Hook, KY 41171
Emily DennisStaff AttorneyJustice & Public Safety CabinetOffice of Legal Services125 Holmes Street, 2nd FloorFrankfort, KY 40601