Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Department of Corrections-Division of Probation and Parole violated the Open Records Act in the disposition of James Michael White's July 29, 2004, request for copies of specifically identified records relating to Mr. White. For the reasons that follow, we affirm in full the Division's disposition of Mr. White's request.
In his letter of appeal, Mr. White indicates that he submitted his request on Form B-010-1 to Kentucky Probation and Parole Officer Tina Tapp and enclosed a $ 10.00 money order but received no response, prompting him to initiate this appeal on August 7, 2004. The Division responds, through Staff Attorney Emily Dennis, that District Two Probation and Parole received Mr. White's request on August 2, 2004, and that Supervisor Timothy Bartholomew responded by memorandum dated August 5, 2004. Ms. Dennis attached a copy of Mr. Bartholomew's response in which he addressed each of Mr. White's requests, and returned his money order made payable to Hopkinsville Probation and Parole "because no such account exists and Probation and Parole Offices are not authorized to make cash transactions." She indicated that Mr. Bartholomew transmitted his response and the money order by certified mail, return receipt requested, and that Mr. White refused delivery. Nevertheless, Ms. Dennis again agreed to furnish Mr. White with copies of responsive records upon payment of the $ 3.99 copying charge made payable to the Kentucky State Treasurer and directed to Ms. Dennis's office. In our view, the Open Records Act requires nothing more.
The Division responded in a proper and timely fashion to Mr. White's request pursuant to KRS 61.880(1). The Division did not deny his request, but required prepayment of reasonable copying charges consistent with the provisions found at KRS 61.872(3) and KRS 61.874(1) and (3); 95-ORD-105 (inmate must accept the necessary consequences of his confinement, including policies relative to application for, and receipt of, public records); 99-ORD-30 (Open Records Act contains no provision for waiver of prepayment requirement for inmates) . We find no error in the Division's disposition of Mr. White's request.
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.
James Michael WhiteUnit II, I-2R.C.C.P.O. Box 69LaGrange, KY 40031
Emily DennisDepartment of CorrectionsOffice of General Counsel2439 Lawrenceburg RoadP.O. Box 2400Frankfort, KY 40602-2400