15-ORD-006 | KOGC

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 unperfected open records appeal, and the Attorney General being sufficiently advised, we find that KRS 61.880(2)(a) precludes review of the issues unsuccessfully raised. Here, as in 15-ORD-005, Marvin Phipps failed to provide the Attorney General with a copy of Little Sandy Correctional Complex's November 13, 2014, written response to his November 4 open records request which LSCC received on November 10, 2014. Consistent with the reasoning in 15-ORD-005, a copy of which is enclosed and incorporated by reference, we render no decision on the issue of LSCC's alleged noncompliance with KRS 61.880(1).

Little Sandy Correctional Complex affirmed that a timely written response was sent to Mr. Phipps on November 13 but did not provide the Attorney General with a copy of that written response. We urge LSCC to provide a copy of its responses, confirming compliance with KRS 61.880(1), in replying to future open records appeals. Nevertheless, Mr. Phipps cannot prevail in this matter for the alternative reasons set forth in 15-ORD-005. Notwithstanding his requests, Mr. Phipps cannot conduct on-site inspection of records located at a correctional facility other than the facility in which he is housed and is not entitled to free copies of records requested under the Open Records Act. Friend v. Rees, 696 S.W.2d 325 (Ky. App. 1985) (inmate requesting records under the Open Records Act is "entitled to his records by complying with the reasonable charge of reproduction"). Little Sandy Correctional Complex was not legally obligated to honor either of these requests.

Either party may appeal this decision by initiating action in the appropriate circuit court under 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.

LLM Summary

The decision concludes that the Attorney General cannot review the open records appeal because the appellant, Marvin Phipps, failed to provide a copy of the Little Sandy Correctional Complex's response to his records request. This procedural failure is consistent with the precedent set in 15-ORD-005. Additionally, the decision notes that the appellant is not entitled to an on-site inspection of records at a correctional facility other than where he is housed, nor to free copies of the records, aligning with established law regarding inmate requests under the Open Records Act.

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