Request By:
Marcus Chambers, # 185562
Amy V. Barker
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 the Department of Corrections did not violate the Open Records Act in the disposition of Marcus Chambers' July 15, 2009, request to inspect his unofficial resident record card maintained by the Department. We find that 00-ORD-225, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue on appeal. Because Mr. Chambers is precluded from onsite inspection at the Department by virtue of the fact that he is presently housed at the Fayette County Detention Center, the Department was not obligated under the Kentucky Open Records Act to afford him access to the records identified in his request by means of onsite inspection. We find no error in the disposition of that request. The Department has agreed to furnish Mr. Chambers with a copy of the requested record upon prepayment of reasonable copying fees in the amount of $ .64. It is required to do no more.
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.