Opinion
Opinion By: Jack Conway, 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 Penitentiary (KSP) properly relied on KRS 197.025(1), incorporated into the Open Records Act by KRS 61.878(1)(l), in denying Billy L. Barnett, Jr.'s open records requests for "[o]ne (1) copy of each of the unsigned letters, and their respective envelopes, written by me to C/O Jennifer Green which ended up in the possession of the Department of Internal Affairs, and for which I received a disciplinary report in the month of August 2007." We believe that 07-ORD-252, and the authorities cited therein, is controlling on the issue of whether the KSP properly denied access to the requested records on the basis that disclosure of the letters and envelopes would "constitute a threat to the security of the inmate, any other inmate, correctional staff, or any other person." KRS 197.025(1). In 07-ORD-252, this office affirmed the KSP's denial of Mr. Barnett's request for the same letters and envelopes, upon submission of evidence that the records might reasonably be classified as contraband, and thus exempt from disclosure under KRS 197.025(1). A copy of 07-ORD-252 is attached hereto and incorporated by reference. We find no error in the KSP's denial of the instant request. Mr. Barnett raises the additional argument that KSP improperly denied his requests to send his letters and envelopes to his power of attorney. An agency is not required to furnish records to a third party. 03-ORD-152. Accordingly, we find no violation of the Open Records Act in this regard.
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.