Attorney General says Whitley Jailer violated Open Records Act

The Kentucky Attorney General has ruled that Whitley County’s Jailer recently ran afoul of state open records laws in responding to a request for information from the Sheriff regarding "alleged wrongdoing or injuries to inmates."

The decision was handed down last Friday and it is just the latest in a series of ongoing disputes between Whitley County Jailer Ken Mobley and Sheriff Colan Harrell – likely political rivals in the Republican Primary for Sheriff next year.

According the decision, Harrell submitted a written open records request to Mobley on March 28 asking for "records relating to lawsuits against the Whitley County Detention Center from September 2005 to the present, including subpoenas, records reflecting an intent to sue, correspondence exchanged by the jailer and his employees and the Kentucky Association of Counties or other agency counsel, and video recordings relating to "alleged wrongdoing or injuries to inmates."

Mobley responded on April 1, by letter, notifying Harrell that all the information he was seeking had been turned over to the Kentucky Association of Counties and various attorneys.

Attorney General Jack Conway, and Assistant Attorney General Amye L. Bensenhaver ruled Mobley didn’t follow the law because he has a duty to retrieve the records, regardless of where they are being held since they are the property of the county.

"With regard to the remaining records identified in Mr. Harrell’s request, we find that the Whitley County Jailer’s response entirely failed to address the existence of subpoenas, ‘intent to sue’ letters, correspondence exchanged by the jailer, and his employees, with KACO and other agency attorneys, and video recordings documenting inmate mistreatment or injuries," the opinion states. "If they exist, some of these records may reside in the custody of the jailer’s counsel; others, though they reside in the jailer’s custody, may be exempt from public inspection under one or more exceptions to the Open Records Act.  The jailer’s silence compels us to speculate.  The Open Records Law leaves no room for speculation."

The opinion instructs Mobley to "immediately" inform Harrell whether the requested records exist and when and where they can be inspected.

The Jail has been a common target for lawsuits in recent years. Three inmates died at the facility within roughly a one-year period in 2010 and 2011. Two of the deaths resulted in litigation. One of the cases was settled late last year. The other is still pending.

A spate of lawsuits has also been filed involving against the jail regarding general prisoner treatment. Some have been dismissed as frivolous or are obviously bogus. Others are more serious, including accusations that some inmates were denied necessary medication or have been physically abused.

A decision by the Attorney General regarding disputes arising from the Kentucky Open Records Act can be appealed within 30 days to circuit court. If not, they become the final word on the issue.