NOT TO BE PUBLISHED
96-ORD-269
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
Enclosure
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