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 Marion County Detention Center did not violate the Open Records Act in the disposition of inmate Jaron S. Teague's undated request to inspect "standing policies" of the Department of Corrections and the Detention Center "concerning medical and mental health treatment protocol" and "all class (D) and Marion County Jail substance abuse program(s) . . . ." The Detention Center responded to Mr. Teague's request by furnishing him with copies of its mental health and substance abuse policies, explaining that it was not custodian of Corrections' policies, and suggesting that he submit his request for these policies to the Department of Corrections. Pursuant to KRS 61.872(4), 1 the Marion County Detention Center was required to do no more. The Open Records Act does not require the Detention Center "to have D.O.C. fax copies of their standing policies to [the Detention Center] for [Mr. Teague] to inspect . . .," and its refusal to do so did not constitute a violation of the 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.
Jaron S. Teague, # 139941Barry Brady, JailerCaptain David E. Gribbins
Footnotes
Footnotes
1 KRS 61.872(4) provides:
If the person to whom the application is directed does not have custody or control of the public record requested, that person shall notify the applicant and shall furnish the name and location of the official custodian of the agency's public records.