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Request By:
Michael Grant, # 108374
Marc Abelove
Leigh K. Meredith

Opinion

Opinion By: Jack Conway, 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 Kentucky State Reformatory did not violate the Open Records Act in the handling of Michael Grant's request for a copy of the "institutional rule defining att[empted] escape . . . ." It is the decision of this office that 06-ORD-078 is dispositive of the procedural issues Mr. Grant's appeal raises, and that 00-ORD-130 is dispositive of the substantive issues Mr. Grant's appeal raises. Copies of these decisions are attached hereto and incorporated by reference. Further, we concur with KSR in the view that the Office of the Attorney General is not the appropriate forum for resolution of non-open records related issues. 99-ORD-121 and 08-ORD-142. We therefore find no violation of the Open Records Law as it relates to this matter.

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 finds that the Kentucky State Reformatory did not violate the Open Records Act in handling Michael Grant's request for institutional rules regarding attempted escape. The decision follows previous rulings (06-ORD-078 and 00-ORD-130) to address procedural and substantive issues respectively, and cites other decisions (99-ORD-121 and 08-ORD-142) to clarify the scope of the Attorney General's office in handling non-open records issues.
Disclaimer:
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Requested By:
Michael Grant
Agency:
Kentucky State Reformatory
Type:
Open Records Decision
Lexis Citation:
2008 Ky. AG LEXIS 119
Forward Citations:
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