LaRue jail found in violation of open records law - Elizabethtown News Enterprise

The Kentucky Attorney General’s Office ruled that the LaRue County Detention Center violated the Open Records Act by not responding to a request for records.

Matt Tucker made a request Sept. 21 to the LaRue County Detention Center for copies of phone records about outgoing and incoming phone calls from the jail at three specific dates and times. Having had no response from the center by Oct. 1, Tucker appealed.

According to the attorney general’s decision, LaRue County Detention Center said it does not maintain phone records. It also says the request was unclear whether Tucker was seeking employee or inmate phone records.

“Moreover, the center claims that ‘the telephone line is supplied, and paid for, by the LaRue Fiscal Court. Any and all phone records of calls in and out are maintained by the telephone provider and not by the jail,’ ” the center’s response was quoted in the decision.

Tucker was advised his “request needs to be made directly to LaRue County Fiscal Court.”

Although the detention center did not have the records to supply, a response was necessary and failing to inform Tucker constitutes a violation of the Open Records Act, the decision said.

In an interview Monday, LaRue County Jailer Jamie Underwood said the request has since been filled.

“We have responded to this one,” he said. “The issue with this one is open records requests are not free … the staff that processes it, the copies, all that.”

Underwood said records requests require a fee to be paid, which Tucker has failed to do.

Underwood referred further questions to County Attorney Kyle Williamson who was not immediately available.

The attorney general provides a weekly summary of its research of open records appeals. It also recently considered a Hardin County case.

Kyle Thompson requested copies from the Hardin Circuit Clerk of certain grand jury records of the Hardin Circuit Court.

The decision said the clerk did not have to respond because the Open Records Act does not apply to court records.

The office dismissed his appeal.

source: https://www.thenewsenterprise.com/news/local/larue-jail-found-in-violation-of-open-records-law/article_f9889c85-af26-5ecb-83e1-aa7ceb1573a7.html

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