NOT TO BE PUBLISHED
96-ORD-204
September 25, 1996
In re: James N. Harrison/Department of Corrections
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 Department of Corrections properly relied on KRS 61.878(1)(l) and KRS 197.025(1) in denying James N. Harrison's August 5, 1996, request for various personnel records relating to Edwin Snyder, an employee for Probation and Parole. We believe that 96-ORD-179, and in particular, the discussion found at pages 2 and 3 of that decision, is controlling. A copy of the decision is attached hereto and incorporated by reference.
We remind Mr. Harrison that KRS 197.025(1) provides:
KRS 61.884 and 61.878 to the contrary notwithstanding, no person, including any inmate confined in a jail or any facility under the jurisdiction of the department [of Corrections] 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. [1]
(Emphasis added.) This broadly worded provision is not limited to inmate records, but extends to “any records” the disclosure of which is deemed to constitute a threat to security. We are not persuaded that the provision only applies to inmate records.
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
1014
Distributed to:
Tamela Biggs
Staff Attorney
Department of Corrections
State Office Building
Frankfort KY 40601
James N. Harrison #95435
Kentucky State Penitentiary
5-2D-01
P. O. Box 128
Eddyville KY 42038-0128
[1] KRS 197.025 formerly provided:KRS 61.884 and 61.878 to the contrary notwithstanding, no inmate confined in a jail or any facility under the jurisdiction of the corrections Cabinet shall have access to any records relating to himself or any other inmate if the disclosure is deemed by the warden and treatment staff to constitute a threat to the security of the inmate, any other inmate, correctional staff, or the institution.(Emphasis added.) As amended, this provision has been significantly expanded to include any record, and not just records relating to the inmate himself or other inmates.