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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 Kentucky State Penitentiary (KSP) properly relied on KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), in denying Antone Medeiros's request for copies of records reflecting the cost to KSP for the Equal sugar substitute and the Sugar Twin sugar substitute. We believe that 98-ORD-150 and 01-ORD-129, as they relate 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. Medeiros's request on the basis that the requested record does not relate directly to him. KRS 197.025(2); 98-ORD-150.

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.

Antone Medeiros # 90470Kentucky State PenitentiaryP.O. Box 128/Cell # 5-1E-12Eddyville, KY 42038-0128

Glenn E. Haeberlin, WardenKentucky State PenitentiaryP.O. Box 128Eddyville, KY 42038-0128

Emily DennisStaff AttorneyOffice of General Counsel2439 Old Lawrenceburg RoadFrankfort, KY 40602

LLM Summary
The Attorney General's decision affirms the Kentucky State Penitentiary's denial of Antone Medeiros's request for records detailing the cost of certain sugar substitutes, citing KRS 197.025(2) and previous Open Records Decisions (98-ORD-150 and 01-ORD-129) as the legal basis for this denial. The decision states that the requested records do not directly relate to the requester, which is a requirement under the cited statute.
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Requested By:
Antone Medeiros
Agency:
Kentucky State Penitentiary
Type:
Open Records Decision
Lexis Citation:
2002 Ky. AG LEXIS 215
Forward Citations:
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