NOT TO BE PUBLISHED

97-ORD-34

March 4, 1997

In re: Gary Hacker/Otter Creek Correctional Center

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 Otter Creek Correctional Center did not violate the provisions of the Open Records Act in denying Gary Hacker's request for “all documentation, including but not limited to, reports, notes, findings, and the like, on the disciplining of officer Millis Hall . . . for the incident involving [Mr. Hacker], and the reasons for the disciplining” on the grounds that no records exist which satisfy his request. Otter Creek Correctional Center advises that Officer Hall resigned, by telephone, in December, 1996, and there are no records reflecting any disciplinary action against him. Under these circumstances, we believe that the reasoning articulated in 94-ORD-140, a copy of which is attached hereto and incorporated by reference, is controlling.

Nor do we believe that Otter Creek Correctional Center violated the Act when it issued its response to Mr. Hacker's request through Deputy Warden of Operations David Carroll. Deputy Warden Carroll issued the response “under . . . authority” of Warden Michael Cooper, who is the Center's official custodian of records. This practice is entirely consistent with KRS 61.880(1).

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 KRS61.880(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

#162

Distributed to:

Gary Hacker #121358

Otter Creek Correctional Center

P. O. Box 500

Wheelwright KY 41669-0500

Sharon Watterson

Otter Creek Correctional Center

P. O. Box 500

Wheelwright KY 41669-0500