Skip to main content

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 Marion Adjustment Center did not violate the Open Records Act in denying Ronald Davis's request to inspect "records pertaining to the inmate canteen trust fund" for fiscal years 2008-2009 and 2009-2010. Because these records do not contain a specific reference to Mr. Davis, he is statutorily foreclosed from inspecting them pursuant to KRS 61.878(1)(l) 1 which incorporates KRS 197.025(2) 2 into the Open Records Act. Accord 10-ORD-136 (affirming Kentucky State Reformatory's denial of inmate request for canteen contract on the basis of KRS 197.025(2) ). The referenced open records decision, a copy of which is attached, is dispositive of the issue on appeal.

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.

Distributed to:

Ronald Davis, # 237034Harrell GrayCole Carter

Footnotes

Footnotes

1 KRS 61.878(1)(l) provides:

Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly.

2 KRS 197.025(2) provides:

KRS 61.870 to 61.884 to the contrary notwithstanding, the department shall not be required to comply with a request for any record from any inmate confined in a jail or any facility or any individual on active supervision under the jurisdiction of the department, unless the request is for a record which contains a specific reference to that individual.

LLM Summary
The decision finds that Marion Adjustment Center did not violate the Open Records Act by denying Ronald Davis's request to inspect records related to the inmate canteen trust fund for specific fiscal years, as the records did not specifically reference Mr. Davis. The decision follows the precedent set in 10-ORD-136, which similarly upheld the denial of an inmate's request for records under the same statutory basis.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Ronald Davis
Agency:
Marion Adjustment Center
Type:
Open Records Decision
Lexis Citation:
2012 Ky. AG LEXIS 33
Cites:
Neighbors

Support Our Work

The Coalition needs your help in safeguarding Kentuckian's right to know about their government.