Opinion
Opinion By: Gregory D. Stumbo, Attorney General; James M. Ringo, 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 Marion Adjustment Center, did not violate the Open Records Act in denying Sheldon Haycraft's request for "a copy of 501 KAR 6:020," on the basis of KRS 197.025(2). We believe that 05-ORD-272, is controlling on this issue. As an inmate confined in a jail or any facility, under the jurisdiction of the Department of Corrections, Mr. Haycraft is not entitled to receive copies of records in the Marion Adjustment Center's custody, unless the records contain a "specific reference" to him. KRS 197.025(2). A copy of 05-ORD-272 is attached hereto and incorporated by reference. We affirm the Marion Adjustment Center's denial of Mr. Haycraft's request on the basis that the requested regulation is not a record that contains a "specific reference" to him personally. KRS 197.025(2)
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.