Request By:
Aaron Miller
Robert F. Belen
Leigh K. Meredith
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 Department of Corrections did not violate the Open Records Act in denying Aaron Miller's July 31, 2008, request for a copy of the "Supervision Reporting Document," under authority of KRS 439.510 and KRS 61.878(1)(l). We find that 01-ORD-97, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue on appeal. The Supervision Reporting Document prepared by Mr. Miller's parole officer falls squarely within the parameters of KRS 439.510 and is therefore excluded from inspection. See also 96-ORD-147; 01-ORD-148; 02-ORD-51; 08-ORD-136. Accordingly, we find no violation of the Open Records Act.
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.