Opinion
Opinion By: Jack Conway, Attorney General; Matt James, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether Eastern Kentucky Correctional Complex ("EKCC") violated the Open Records Act in denying an inmate's request for letters sent to the Parole Board. We find that EKCC did not violate the Open Records Act in denying an inmate's request for letters sent to the Parole Board.
Chris Hawkins ("Hawkins") submitted an open records request to EKCC on Aug. 8, 2014. Hawkins stated:
I wrote a letter to the Kentucky Parole Board prior to my 6/27/14 hearing/file review with numerous certificates and exhibits I attached to it. I request copies of; only and all of exibits: A) letter to Parole Board from Nancy Lyon B) letter to Parole Board from Rev. Joseph Hemmerle c) letter to parole Board from Cheri Hall d) letter to Parole Board from Christy Robinson All that I attached to my letter to the Parole Board to be considered at my 6/27/14 hearing.
EKCC responded to the request on Aug. 13, 2014, stating:
Please be advised that your request(s) is denied. With respect to duplicative requests for documents, an agency is not required to satisfy identical requests for documents. . . . This request was addressed by Ms. Tammy Harper on July 7, 2014.
In addition, pursuant to the open records decision 14-ORD-260 . . . letters sent to the Parole Board are exempt pursuant to KRS 61.878(1)(i) and KRS 61.878(1)(j) since individuals set forth personal opinions and recommendations as to whether a prisoner should be paroled. The Parole Board has not adopted the letters as part of a decision concerning parole.
Hawkins initiated this appeal on Aug. 14, 2014. Hawkins argued:
The request addressed on July 7, 2014 was a request for letters that other people mailed in my behalf to the Parole Board. . . .
. . . Nevertheless, this is a different appeal of a different Open Records Act violation regarding a different open records request. . . .
. . . 14-ORD-260 applies to other people sending records, not me!
EKCC responded to Hawkins' appeal on Aug. 29, 2014. EKCC argued:
In his letter of appeal dated August 14, 2014, inmate Hawkins indicates that he is not making a duplicate request because he is asking for exhibits to a letter he sent to the Parole Board rather than the actual letters from these individuals like his previous request. In either event, the records requested are letters from individuals to the Parole Board. . . . The law does not change concerning these records simply because he made them exhibits in a letter to the Parole Board. . . .
. . . Letters to the Kentucky Parole Board . . . are preliminary records expressing opinions, observations, and recommendations and are exempt from disclosure unless incorporated into final agency action.
In 14-ORD-160, Hawkins requested "letters of support for last parole hearing from all people in community." Id. This office found that EKCC "properly relied upon KRS 61.878(1)(i) and (j) in denying an inmate's request for copies of letters written to the Parole Board on his behalf as none of the letters were adopted as the basis for the decision of the Parole Board regarding his eligibility for parole. " Id. The fact that Hawkins may have attached letters from other persons to the Parole Board as exhibits to one of his own letters does not change their legal status. "It is the nature and purpose of the document, not the place where it is kept, that determines its status as a public record." 05-ORD-007. The letters to the Parole Board did not lose their preliminary status when Hawkins allegedly attached them as exhibits to one of his letters. Accordingly, EKCC did not violate the Open Records Act in denying Hawkins' request for letters to the Parole Board.
A party aggrieved by this decision may appeal it by initiating an action in the appropriate circuit court pursuant to KRS 61.880(5)(a). The Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or any subsequent proceedings.
Distributed to:
Chris Hawkins # 103061Sonya WrightAmy V. Barker