Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, 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, this office finds that Western Kentucky Correctional Complex improperly relied upon KRS 197.025(5) in denying Diyun Byars' request for specific records, 1 including "one copy of the Appeal Decision from Warden Larry Chandler" of Kentucky State Reformatory, concerning the incident which occurred on October 8, 2006, and "one copy of the Warden's Decision" which overturned the decision "from the Adjustment Committee Hearing, that was held on November 2, 2006." In our view, the reasoning of 07-ORD-060, a copy of which is attached hereto and incorporated by reference, is equally applicable on the facts presented; "we conclude that the terms 'void' and 'removal' must be construed according to their common usage, and that the term 'expungement' must be construed according to its peculiar and appropriate meaning in the law." Id., p. 7. Because "KRS 197.025(5) authorizes nondisclosure of 'records containing information expunged pursuant to law,' and CPP 15.6 is not a law that authorizes expungement[,]" WKCC erred in relying upon KRS 197.025(2) as the basis for denying Mr. Byars' request. Id., p. 8.
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.
Diyun Byars, # 145620
Klaytor BurdenOffender Information SupervisorWestern Kentucky Correctional Complex374 New Bethel RoadFredonia, KY 42411
Emily DennisStaff AttorneyJustice and Public Safety CabinetOffice of Legal Services125 Holmes Street, 2nd FloorFrankfort, KY 40601
Footnotes
Footnotes
1 With regard to Mr. Byar's request for the workers' compensation packet, Klaytor Burden, WKCC Offender Information Supervisor, complied with KRS 61.872(4) in advising Mr. Byars that WKCC "does not have custody or control" of the record and providing him with contact information for the custodial agency. In addition, WKCC could have denied access to Mr. Byars on the basis of KRS 197.025(2) since the record presumably does not contain a "specific reference" to him.