Opinion
Opinion By: Gregory D. Stumbo, 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 Lee Adjustment Center did not violate the Open Record Act in denying Joseph L. Silverburg's February 16, 2005, request to inspect "the Lee County Registration for Corrections Corp. of America/Lee Adjustment Center to operate private prison vendor in Lee County" and his "request to know (A) Registered Office and (B) Name of Registered Agent of CCA pursuant to KRS 271A.060-070" on the basis, inter alia, of KRS 197.025(2) operating in tandem with KRS 61.878(1)(l). 1 We find that 04-ORD-205 and 04-ORD-206, both involving Lee Adjustment Center/Corrections Corporation of America and Mr. Silverburg, are directly controlling on this issue. Copies of 04-ORD-205 and 04-ORD-206 are attached hereto and incorporated by reference. We remind Mr. Silverburg, yet again, that as an "inmate confined in a jail or . . . facility . . . under the jurisdiction of the department," he is absolutely foreclosed from inspecting records which do not "contain[] a specific reference to [him]." KRS 197.025(2). We find no violation of the Open Records Act in Lee Adjustment Center's disposition of his 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.
Joseph L. SilverburgLee Adjustment CenterP.O. Box 900Beattyville, KY 41311
Bobby MooreRecords CustodianLee Adjustment CenterP.O. Box 900Beattyville, KY 41311
Sherril GautreauxAssistant General Counsel, OperationsCorrections Corporation of America10 Burton Hills Blvd.Nashville, TN 37215
Emily DennisDepartment of Corrections2439 Lawrenceburg RoadP.O. Box 2400Frankfort, KY 40602-2400
Footnotes
Footnotes
1 KRS 61.878(1)(l) authorizes nondisclosure of:
Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly.
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