12ORD123.doc

12ORD123.doc - 12-ORD-123 July 9 2012 In re Chris...

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12-ORD-123 July 9, 2012 In re: Chris Hawkins/Marion Adjustment Center Summary: Marion Adjustment Center did not substantively violate the Open Records Act by withholding investigative documents and witness names that could reasonably be deemed a potential security threat under KRS 197.025(1). Open Records Decision The issue presented in this appeal is whether the Marion Adjustment Center (“MAC”) violated the Open Records Act in responding to the open records request of inmate Chris Hawkins. In his request dated May 16, 2012, Mr. Hawkins requested copies of “all statements collected by Captain Cox and all 51C forms, extraordinary occur[re]nce forms and investigative results from Capt. Cox regarding c/o’s Howard and Kelley violating PREA and hurting me on 5/7/12.” The request was received on May 17, 2012, and the response was dated May 25, 2012; assuming there to have been no prior written response, this delay of six (6) business days was a procedural violation of KRS 197.025(7), which requires a response to be made within five (5) days excluding weekends and legal holidays. The records custodian responded, in relevant part: I am in receipt of your request for 5-1C statements, EOR, and investigative results regarding a PREA incident on 5-
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12-ORD-123 Page 2 07-2012. I am including a copy of the Extraordinary Occurrence Report with this response. The investigative results and 5-1C statements will not be disclosed to you pursuant to KRS § 197.025(1) as we have determined that the release of these documents would pose a security and safety risk to the facility, facility employees, and other residents. As part of an
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