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Request By:
Vincent Scott, # 188194
Eastern Kentucky Correctional Complex
200 Road to Justice
West Liberty, KY 41472April Thorpe
Offender Records Custodian
Roederer Correctional Complex
3001 West Highway 146
LaGrange, KY 40031Emily Dennis
Staff Attorney
Justice and Public Safety Cabinet
Office of Legal Services
125 Holmes Street, 2nd Floor
Frankfort, KY 40601

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 Roederer Correctional Complex did not violate the Open Records Act in failing to respond to inmate Vincent Scott's November 30, 2005, request for a copy of his classification sheet. It is the decision of this office that 05-ORD-228, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue on appeal. Mr. Scott, having failed to comply with Corrections Policy and Procedure 6.1 in submitting his request, and that request having therefore never reached the RCC open records coordinator, we conclude that RCC cannot be said to have violated the Act in failing to respond to that 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.

LLM Summary
The Attorney General's decision concludes that the Roederer Correctional Complex did not violate the Open Records Act when it failed to respond to inmate Vincent Scott's request for his classification sheet. The decision was based on the precedent set by 05-ORD-228, which was found to be directly applicable to the circumstances of this case. The decision notes that the inmate did not comply with the required procedure for submitting his request, which never reached the appropriate coordinator, thus the facility was not at fault for not responding.
Disclaimer:
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Requested By:
Vincent Scott
Agency:
Roederer Correctional Complex
Type:
Open Records Decision
Lexis Citation:
2006 Ky. AG LEXIS 16
Cites:
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