Request By:
Robert A. Facen, # 160099
Lee Adjustment Center
P.O. Box 900
Beattyville, KY 41311-0900Teresa Shanklin
Green River Correctional Complex
P.O. Box 9300
Central City, KY 42330Emily Dennis
Staff Attorney
Justice and Public Safety Cabinet
Office of Legal Services
2439 Lawrenceburg Rd.
P.O. Box 2400
Frankfort, KY 40602-2400
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 Green River Correctional Complex did not violate the Open Records Act in denying inmate Robert A. Facen's May 10, 2005, request for copies of "any policy . . . on cell contracts . . . includ[ing] any I.P.P.'s or C.P.P.'s . . .[,] the contract that is used at G.R.C.C. and all . . . memos or any other matter that has to do with these 90 day contracts . . . [and] how to brake [sic] then[.]" On May 17, 2005, G.R.C.C. Offender Records Specialist Teresa Shanklin denied Mr. Facen's request on the basis of KRS 197.025(2) explaining that the requested records did "not contain a specific reference to [Mr. Facen]," and that, pursuant to the referenced provision, he could "only request documents that contain a specific reference to [him]." It is the decision of this office that 03-ORD-073, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue on appeal. We find that G.R.C.C. properly relied on KRS 197.025(2) and affirm its denial of Mr. Facen'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.