AG finds Whitley County Detention Center did not violate Open Records Act

The Kentucky Attorney General has issued an opinion stating the Whitley County Detention Center did not violate the Kentucky Open Records Act when it denied the inspection of records, including use of force reportes, critical incident reports, staff training, and certification files, employee discipline files and trustee reports, at the Whitley County Detention Center.

The appeal from Aaron Kidd was based on the argument that the detention center allegedly violated the act when it refused inspection of the records at the detention center, but in a response filed by the center, the inspection of records was not denied.

The detention center argued that because of COVID protocols, visitors were not permitted at the jail, but the records were made available at an attorney’s office in Laurel County.

Kidd cited several sections of the Kentucky Revised Statutes and precedent cases stating that the inspection of public records must be done in a “suitable facility,” but the attorney general’s office ultimately stated that because of the extenuating circumstances of the pandemic the attorney’s office would have met the requirement because it was not “inherently unsuitable” and facilities deemed suitable in ordinary circumstances may become unsuitable in extraordinary circumstances.

The attorney general opinion states, “The Center further explains that at the time of the request the Department of Corrections had suspended visitation at all detention facilities due to the public health emergency resulting from the Coronavirus pandemic. That order remains in effect.”

Because of suspended visitation, the attorney general’s office found that the detention center was not a suitable facility.

The opinion reaffirms, however, “In ordinary circumstances, a public agency must permit in-person inspection on government premises under KRS 61.872(1).”

Either party can appeal the opinion to the circuit court within 30 days of the opinion being issued.

If no appeal is made, the opinion has the force and effect of law.

The opinion was written by Assistant Attorney General James M. Herrick.