December 18, 1996

In re: David Johnson/Kentucky State Penitentiary

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 the Kentucky State Penitentiary cannot afford Mr. Johnson access to a document which does not exist. Because Dr. Hiland is a state employee, there is no employment contract governing his employment. Therefore, Kentucky State Penitentiary cannot be said to have violated the provisions of the Open Records Act by failing to release the requested record to Mr. Johnson. We believe 96-ORD-62, a copy of which is attached hereto and incorporated by reference, and in particular the discussion at page 2, is controlling.

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.

A. B. Chandler III

Attorney General

Amye L. Bensenhaver

Assistant Attorney General


Distributed to:

David Johnson #84003

Kentucky State Penitentiary

P.O. box 128

Eddyville, Kentucky 42038

Shirley Crider

Custodian of Records

Kentucky State Penitentiary

P.O. box 128

Eddyville, Kentucky 42038