Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, 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 the Department of Corrections properly relied on KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), in denying Joseph L. Silverburg's requests for copies of records relating to Eastern Kentucky Correctional Complex's (EKCC) financial records relating to the amount of money inmates have paid for Showtime and now HBO; financial records, cable or satellite installation and subscription agreement with the current subscriber; and copy of annual [audit] of the inmate canteen fund of 1997-2002. We believe that 98-ORD-150 and 01-ORD-129, as it relates to KRS 197.025(2) are controlling. A copy of those decisions are attached hereto and incorporated by reference. We affirm the Department's denial of Mr. Silverburg's request on the basis that the requested records do not relate directly to him. KRS 197.025(2); 98-ORD-150.
In his appeal, Mr. Silverburg also attached an affidavit alleging misconduct of prison officials regarding copyright infringement of HBO, Showtime and Correctional Cable TV, Inc. and the failure of EKCC to pay state and federal taxes on the $ 3.00 inmate fee for Showtime, now HBO. An Open Records Act appeal is not the proper forum to consider allegations of this nature. Thus, we do not address those issues.
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 proceedings.
Joseph L. Silverburg, # 151608Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472
George Million, WardenEastern Kentucky Correctional Complex P.O. Box 636West Liberty, KY 41472
Will LundyDepartment of CorrectionsOffice of General Counsel2439 Old Lawrenceburg RoadFrankfort, KY 40602-2400