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 Louisville Metro Department of Corrections did not violate the Open Records Act in denying Ja-Ron Teague and Robert Holt's request to inspect "the contract between Aramark Inc. in (a) canteen and (b) kitchen . . . divisions and (c) the complete (4) week menu(s) . . . at LMDC." We find that 08-ORD-008, a copy of which is attached hereto and incorporated by reference, is dispositive of the question on appeal and, in particular, the discussion at pages 2 and 3 of that decision. LMCD properly relied on KRS 197.025(2), as construed in 08-ORD-008, and as incorporated into the Open Records Act by KRS 61.878(1)(l), in denying Messrs. Teague and Holt's request. We find no error in LMDC's denial of the request. 1
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 On February 19, 2009, this office received a letter from Mr. Teague in which he alleged violations of his constitutional rights, concluding that it was our duty to conduct an investigation into his allegations. Pursuant to KRS 61.880(2), our duty is restricted to reviewing the written record on appeal and issuing a decision stating whether the agency violated the Open Records Act. This statute does not impose any additional duties on the office relative to investigations.