24-ORD-240
November 18, 2024
In re: Jeffery Skiles/Western Kentucky Correctional Complex
Summary: The Western Kentucky Correctional Complex (“the
Complex”) did not violate the Open Records Act (“the Act”) when it
denied a request for records posing a security threat under
KRS 197.025(1).
Open Records Decision
On October 8, 2024, inmate Jeffery Skiles (“the Appellant”) requested copies of
his recorded telephone conversations with his sister between April 1 and July 31,
2024. In a timely response, the Complex denied the request under KRS 197.025(1),
which is incorporated into the Act by KRS 61.878(1)(l). The Complex explained that
disclosing phone recordings or identifying destroyed recordings “would constitute a
threat by providing a means by which inmates could learn which phone calls are
monitored.” This appeal followed.
Under KRS 197.025(1), “no person shall have access to any records if the
disclosure is deemed by the commissioner of the department or his designee to
constitute a threat to the security of the inmate, any other inmate, correctional staff,
the institution, or any other person.” The Office has historically deferred to the
judgment of correctional facilities in determining whether the release of certain
records would constitute a security threat under KRS 197.025(1). In particular, the
Office has consistently upheld the denial of recorded inmate phone calls under
KRS 197.025(1) because such recordings are made for the purpose of institutional
security and disclosing them would constitute a threat to the security of an institution
by enabling inmates to learn which calls are monitored. See, e.g., 23-ORD-338; 17-
ORD-116; 15-ORD-118; 15-ORD-030. Because the Complex offers the same rationale
here, the Complex did not violate the Act when it denied the Appellant’s request for
copies of recorded phone calls.
A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882 within 30 daysfrom the date of this decision. Pursuant to KRS 61.880(3), the Attorney General shall
be notified of any action in circuit court, but shall not be named as a party in that
action or in any subsequent proceedings. The Attorney General will accept notice of
the complaint emailed to OAGAppeals@ky.gov.
Russell Coleman
Attorney General
/s/ James M. Herrick
James M. Herrick
Assistant Attorney General
#415
Distributed to:
Jeffery Skiles, #325230
Michelle D. Harrison, Esq.
Ms. Renee Day
Ms. Ann Smith