Opinion
Opinion By: Jack Conway, Attorney General; James M. Herrick, 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 Marion Adjustment Center did not violate the Open Records Act in denying inmate Jerry L. Nunn's November 1, 2009, requests for an employee "seniority list" and for copies of "camera footage from certain cameras." Relying on KRS 197.025(2), 1 the Marion Adjustment Center explained that none of the requested records were "specific to you" or had a "specific reference to you," 2 and that he was therefore foreclosed from inspecting them. We agree with this analysis and find that 03-ORD-150 and 09-ORD-057 are dispositive of the issue on appeal. 3 Copies of these open records decisions are attached and hereby adopted as the basis for our decision in the present appeal. We find no error in the Marion Adjustment Center's denial of Mr. Nunn's request.
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.
Jerry L. Nunn, # 201994 E206ACole Carter, Esq.Daniel AkersAmy V. Barker, Esq.
Footnotes
Footnotes
1 KRS 197.025(2) provides:
KRS 61.870 to 61.884 to the contrary notwithstanding, the department shall not be required to comply with a request for any record from any inmate confined in a jail or any facility or any individual on active supervision under the jurisdiction of the department, unless the request is for a record which contains a specific reference to that individual.
2 Alternatively, the Marion Adjustment Center invokedKRS 197.025(1), which provides:
KRS 61.870 to 61.884 to the contrary notwithstanding, no person shall have access to any records if the disclosure is deemed by the commissioner of the department or his designee to constitute a threat to the security of the inmate, any other inmate, correctional staff, the institution, or any other person.
Because we affirm the Marion Adjustment Center's denial of Mr. Nunn's request on the basis of KRS 197.025(2), we do not address the agency's alternative argument.
3 Although CCA, which operates the Marion Adjustment Center, is a private corporation, KRS 197.025(2) applies to it no less than to the Department of Corrections. 04-ORD-205.
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