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 Kentucky State Reformatory did not violate the Open Records Act in denying Uriah Pasha's September 30, 2011, request that a copy of the surveillance videos of him "engaging c/o Powell between the hours of 4:00 p.m. and 8:30 p.m." on twenty-four separate dates "be delivered to the Adjustment Hearing Officer" as evidence in his adjustment hearing. Mr. Pasha hoped to avoid "any security breach" by requesting that KSR deliver the videotapes directly to the hearing officer rather than to him, but the Open Records Act does not provide for such an arrangement. Thus, in 03-ORD-152 the Attorney General affirmed Kentucky State Penitentiary's denial of an inmate's request that a copy of a videotape of an altercation in which he participated be sent to his attorney. See also, 05-ORD-080. A copy of 03-ORD-152 is attached hereto and incorporated by reference. Corrections Policies and Procedures address disciplinary proceedings and include procedures for securing evidence to be used in those proceedings. The Open Records Act is not an alternative to these procedures. Accordingly, we find that KSR properly denied Mr. Pasha'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.
Distributed to:
Uriah Pasha, # 092028Marc AbeloveAlea Amber Arnett