Opinion
Opinion By: Jack Conway, Attorney General; James M. Herrick, 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 Marion Adjustment Center did not violate the Open Records Act in its disposition of inmate Willie James Stewart's April 2, 2010, request to inspect two "cash pay orders" signed by him. Mr. Stewart claims he was denied the right to inspect these orders. According to records provided to this office by Warden Daniel Akers, however, the Marion Adjustment Center received Mr. Stewart's request on April 5, 2010, and a favorable disposition of his request was sent to him via legal mail on April 12, 2010, arranging a date and time for him to inspect the records; but Mr. Stewart refused to accept or sign for his mail. We are therefore unable to conclude that this appeal is brought in good faith or that the Marion Adjustment Center violated the Open Records Act.
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.
Willie James Stewart, # 093596Cole Carter, Esq.Daniel AkersAmy V. Barker, Esq.