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 Eastern Kentucky Correctional Complex did not violate the Open Records Act in the disposition of Dwight Kimbley's June 4, 2012, request to inspect his "Substance Abuse Program files containing all incident reports/pull-ups, push-ups containing dialouge/all information about [Mr. Kimbley] cheating on any learning experiences per Mike McGuire, program administrator LLCC Therapeutic Community (S.A.P.)." 1 (Sic.) EKCC responded in a timely manner by affording Mr. Kimbley access to the records identified in his request. He objected that "some of the paperwork is not included that he requested." Mr. Kimbley did not identify the missing "paperwork" at that time or at any time since. 2
Having afforded Mr. Kimbley access to all existing records responsive to his request, EKCC fully discharged its duties under KRS 61.872(1). Clearly, an open records requester "should be able to submit a brief and simple request for the [agency] to make full disclosure or openly assert its reasons for nondisclosure," 3 but Mr. Kimbley gives no indication how EKCC failed "to make full disclosure. " This office cannot be expected to determine if EKCC violated the Open Records Act in denying Mr. Kimbley access to records that he allegedly inspected in the past if he makes no effort to identify those records. We find no error in EKCC's disposition of his request.
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:
Dwight Kimbley, # 212963Tammy GrahamLinda M. Keeton
Footnotes
Footnotes