Opinion
Opinion By: Andy Beshear,Attorney General;James M. Herrick,Assistant Attorney General
Open Records Decision
This matter having been presented to the Office of the Attorney General in a premature open records appeal, and the Attorney General being sufficiently advised, we find that Little Sandy Correctional Complex ("LSCC") did not violate the Open Records Act in denying inmate Uriah Pasha's February 12, 2018, request for "[a] copy of the Tape Recording of the Adjustment Hearing for Disciplinary Report DR#: LSCC-2018-00095 against Uriah Pasha 092028." We attach copies of 08-ORD-130 and 05-ORD-080, which we find dispositive of the issues on appeal.
On February 12, 2018, LSCC replied to Mr. Pasha's request as follows:
Your request for a copy of an adjustment hearing is denied. For security reasons, institutional regulations specifically LSCC 10-01-01 prohibit the possession of the requested audio recording in the segregation unit. LSCC is under no obligation to bring the original record to your cell for your review, prepare you for and escort you for reviewing the records requested.
In 08-ORD-130, we held that an inmate was not entitled to hear audio recordings of his adjustment hearings, since he was assigned to the segregation housing unit of the facility and thus prohibited from leaving his cell to conduct an on-site inspection. We further held, in accordance with our past decisions, that the inmate was not entitled to receive a copy of the recording, because "if the circumstances of a person's incarceration prohibit the person from inspecting a public record, a public agency may also properly deny a copy of the public record. " 05-ORD-080 (audio recordings were not permitted property in segregation unit under facility policy). We adopt the reasoning of 08-ORD-130 and 05-ORD-080, and accordingly find that LSCC did not violate the Open Records Act in denying Mr. Pasha's request for a copy of the recording of his adjustment hearing.
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 shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceeding.