Opinion
Opinion By: Jack Conway, 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 Northpoint Training Center did not violate the Open Records Act in the disposition of Gregory Valentine's March 30, 2009, request "to obtain a six month statement of [his] inmate account for submission to the Supreme Court of Kentucky pursuant to File No. 2009-SC-000151-D." We find that 00-ORD-225, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue on appeal. Because Mr. Valentine is precluded from onsite inspection by virtue of the circumstances of his confinement, and because he lacks sufficient funds in his inmate account to defray the costs of reproduction and is therefore precluded from obtaining copies, NTC was not obligated under the Kentucky Open Records Act to afford him access to the records identified in his request. We find no error in the disposition of that request. We further concur with NTC in the view that if Mr. Valentine objects to the institutional legal copy procedures, this is not the appropriate forum for resolution of his complaint. 1
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.
Distributed to:
Gregory Valentine, #163775Donna LambAmy V. Barker
Footnotes
Footnotes
1 Because it is unclear whether Mr. Valentine obtained a copy of the inmate account statement through the Open Records Act, or through some other mechanism, we cannot "moot" this appeal per 40 KAR 1:030 Section 6.