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 the Department of Corrections did not violate the Open Records Act in the disposition of inmate Barbara Schambon's April 14, 2005, request for a copy of the master menu for all adult institutions for the Commonwealth of Kentucky. Relying on KRS 197.025(2), 1 as construed in 99-ORD-102 and 05-ORD-023, the Department denied Ms. Schambon's request asserting that it is not required to honor a request for a record from an inmate confined in a correctional facility unless the request is for a record that contains a specific reference to the individual. It is the decision of this office that 99-ORD-106 and 05-ORD-023, copies of which are attached hereto and incorporated by reference, are controlling on the issue of inmate access to master menus. We therefore affirm the Department of Corrections' denial of Ms. Schambon'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.
Barbara Schambon, # 4230Kentucky Correctional Institution for WomenP.O. Box 337Pewee Valley, KY 40056
Susan N. Williams, R.D., L.D.Branch Manager, Food ServicesDepartment of CorrectionsAdult InstitutionsP.O. Box 2400Frankfort, KY 40602-2400
Emily DennisStaff AttorneyJustice and Public Safety CabinetOffice of Legal Services2439 Lawrenceburg Rd.P.O. Box 2400Frankfort, KY 40602-2400
Footnotes
Footnotes
1 Incorporated into the Open Records Act by operation of KRS 61.878(1)(l) authorizing public agencies to withhold "[p]ublic records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly."
- - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - -