Opinion
Opinion By: Jack Conway,Attorney General;Amye L. Bensenhaver,Assistant Attorney General
Summary: Decision adopting 04-ORD-017 and 10-ORD-005 and affirming Green River Correctional Complex's reliance on KRS 197.025(1) to deny inmate request for security video.
Open Records Decision
This matter having been presented to the Office of the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that Green River Correctional Complex properly relied on KRS 197.025(1) 1 in denying inmate Chris Harris' June 26, 2015, request to inspect "security footage (video, camera, etc.) from medical camera and/or any camera reflecting area of pill call at GRCC on 5/26/15 at approximately 7:30 p.m. and my handing my ID to c/o Dennis Wester." The attached open records decisions are dispositive of this issue. At page 5 of 04-ORD-017, the Attorney General affirmed a correctional facility's denial of the videotape of an altercation because "the videotape shows areas where the camera is capable of focusing and observing and blind spots outside the camera's range." We reaffirmed this position in 10-ORD-005.
Mr. Harris disputes GRCC's reliance on KRS 197.025(1), asserting that the video is being withheld "to hinder any investigation into C/O Wester's unprofessional and criminal actions on 5/26/15," and that its position is specious. However, he offers no evidence to substantiate this claim or to otherwise challenge the Attorney General's long held view, reflected in 04-ORD-017 and 10-ORD-005. We therefore affirm GRCC's denial of Mr. Harris' request.
Either party may appeal this decision 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.
Jack Conway
Attorney General
Amye L. Bensenhaver
Assistant Attorney General
# 272
Distributed to:
Chris Hawkins, # 103061Vanessa DortchAmy V. Barker
Footnotes
Footnotes
1 KRS 197.025(1) 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.
It is incorporated into the Open Records Act by KRS 61.878(1)(l) authorizing 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[.]"