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 Marco Dorsey's February 22, 2012, open records appeal is time barred pursuant to KRS 197.025(3) 1 as construed in 02-ORD-054. A copy of that decision is enclosed and its reasoning adopted in full. As noted, Mr. Dorsey submitted his appeal to this office on February 22, 2012, more than twenty days after the agency's January 27, 2012, denial of his request. Assuming, for the sake of argument, that Mr. Dorsey's appeal was not time barred, Blackburn Correctional Complex properly relied on KRS 197.025(1) 2 and KRS 61.878(1)(l) 3 in denying Mr. Dorsey's request for a surveillance video based on the determination that disclosure would constitute a threat to security. 11-ORD-219 is dispositive of this issue. A copy of that decision is enclosed and its reasoning adopted in full.
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:
Marco Dorsey, # 173065Susan Wilhoit-OliverAmber Arnett
Footnotes
Footnotes
1 KRS 197.025(3) states:
KRS 61.870 to 61.884 to the contrary notwithstanding, all persons confined in a penal facility shall challenge any denial of an open record with the Attorney General by mailing or otherwise sending the appropriate documents to the Attorney General within twenty (20) days of the denial pursuant to the procedures set out in KRS 61.880(2) before an appeal can be filed in a Circuit Court.
2 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.
3 KRS 61.878(1)(l) authorizes public agencies to withhold, "[p]ublic records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly[.]"