Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: Albert B. Chandler III, 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 Eastern Kentucky Correctional Complex properly relied on KRS 61.878(1)(i) and (l) and KRS 197.025(1) in denying Alberto Gutierrez's June 11, 1998, request for a copy of the facility's meritorious housing waiting list. We believe that 97-ORD-33, a copy of which is attached and incorporated by reference, is controlling. Eastern Kentucky Correctional Complex did not violate the Open Records Act in withholding the waiting list.
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.