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 record appeal, and the Attorney General being sufficiently advised, we find that the Kentucky Correctional Institution for Women properly relied on KRS 197.025(4) in not honoring Barbara Schambon's hand-delivered open records request. That provision is incorporated into the Open Records Act by operation of KRS 61.878(1)(l). 1 It is the decision of this office that 05-ORD-228 and 06-ORD-078 are dispositive of the issue on appeal. Copies of those decisions are attached hereto and incorporated by reference. KRS 197.025(4) provides:
KRS 61.872 to the contrary notwithstanding, the Department of Corrections shall refuse to accept the hand delivery of an open records request from a confined inmate.
The Kentucky Correctional Institution for Women did not violate the Open Records Act in implementing KRS 197.025(4) in not honoring the hand-delivered open records request of Ms. Schambon, an inmate at the institution.
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.
Footnotes
Footnotes
1 KRS 61.878(1)(l) authorizes agencies to withhold:
Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly.