Opinion
Opinion By: Jack Conway,Attorney General;Matt James,Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Western Kentucky Correctional Complex ("WKCC") violated the Open Records Act by denying an inmate's request for documents on the grounds that the inmate did not prepay for copies of the records. We find that WKCC did not violate the Open Records Act in denying a request for documents on the grounds that the inmate did not prepay for the copies of the records.
WKCC inmate Charon Anderson ("Anderson") submitted an open records request to WKCC on Nov. 8, 2013. 1 In the request, Anderson stated:
I understand I am being treated for chronic pain. After being examined and analized by the medical staff, I would like 1 copy of the identification, as of disease, or and cause etc of the pain in my back, right leg left leg and left arm. Pursuant to chapter 61 if the funds are not available I have signed a CPO to be debted from my account in the future.
WKCC denied the request on Nov. 8, 2013 pursuant to Kentucky Corrections Policies and Procedures 6.1 on the grounds of insufficient funds. On Nov. 14, 2013, Anderson initiated this appeal, stating that she had received no information on the location of the records, and that there was no conflict with any court rule, regulation, or statute. Anderson further adds that she is considered indigent by the courts and that the documents are needed for litigation. The Justice and Public Safety Cabinet responded on Nov. 25, 2013 that an indigent inmate is not entitled to free copies under the Open Records Act, and that there is no waiver of reproduction fees for indigent, citing our prior decisions.
KRS 61.874(1) provides that "when copies are requested, the custodian may require a written request and advance payment of the prescribed fee, including postage where appropriate." This office has repeatedly held that "neither this provision nor the remainder of the Open Records Act contains a waiver of this requirement for inmates. " 11-ORD 119; 06-ORD-030; 95-ORD-105. That the inmate is considered indigent by the courts, or that the documents are needed for litigation, are not grounds for waiver of the prepayment requirement. Accordingly, we find no violation of the Open Records Act by WKCC.
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.
Footnotes
Footnotes