09-ORD-158 | KOGC

Opinion

Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General

Open Records Decision

At issue in this appeal is whether the Kentucky State Penitentiary violated the Kentucky Open Records Act in denying Judy Scaccia's written request for thirteen categories of records, to which her boyfriend, inmate Thomas Mitchell, # 100889, had already been properly denied access on the bases of KRS 197.025(1) and (2), both of which are incorporated into the Open Records Act by operation of KRS 61.878(1)(l). Where, as here, "'sufficient objective indicia exist to establish an identity of purpose between an inmate and a non-inmate, this office will not require disclosure of records to the latter, thereby undermining the purpose for which KRS 197.025[(1) and] (2) [were] enacted.'" 04-ORD-214, p. 6, quoting 02-ORD-82, p. 5. Upon receiving notification of Ms. Scaccia's appeal from this office, Jonathan S. Milby, Staff Attorney, Justice and Public Safety Cabinet, responded on behalf of KSP, correctly arguing that prior decisions of this office establish that "one person may not make an end run around the Open Records Act by employing or enlisting another to make the impermissible request on their behalf." In our view, the analysis contained in 04-ORD-214 and 05-ORD-252 is equally controlling on the facts presented; a copy of each decision is attached hereto and incorporated by reference. Because Ms. Scaccia admittedly submitted the request on behalf of Mr. Mitchell, and Mr. Mitchell is not entitled to access the records being sought, KSP properly declined to comply with her written request. To hold otherwise contravene both logic and precedent.

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.

Judy ScacciaAlan BrownAmy V. BarkerJonathan S. Milby

LLM Summary

The decision addresses whether the Kentucky State Penitentiary properly denied Judy Scaccia's records request, which was made on behalf of her boyfriend, an inmate. The decision follows previous rulings that prevent circumvention of the Open Records Act by denying requests made through third parties when there is an identity of purpose between an inmate and a non-inmate. The denial of the records request was upheld, aligning with established precedents.

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