Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, Assistant Attorney General
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 Blackburn Correctional Complex properly relied on KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), in denying Robert J. Curtis' January 2, 2001 request for a "copy of the computerized time sheet gathered by computer scanner located at Post 1 from December 15, 2000 until December 29, 2000." We believe that 98-ORD-150, construing KRS 197.025(2), is controlling. A copy of that decision is attached hereto and incorporated by reference. Accordingly, we conclude that Blackburn Correctional Complex properly denied Mr. Curtis' request for a copy of the requested time sheet.
In addition, we conclude the agency also properly denied Mr. Curtis' request for the "names of all BCC medical staff and nurses employed at BCC." The Kentucky Open Records Act addresses requests for records, not requests for information. In 95-ORD-131, p. 2, we observed:
Requests for information, as distinguished from records, are outside of the scope of the open records provisions. See, e.g., OAG 89-77. Our position is premised on the notion that "[o]pen records provisions address only inspection of records . . . [and] do not require public agencies or officials to provide or compile specific information to conform to the parameters of a given request."
The purpose of the Open Records Act is not to provide information, but to provide access to public records that are not exempt by law. OAG 79-547. Thus, we conclude that the Blackburn Correctional Complex did not violate the Act in denying Mr. Curtis' request for information.
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 KRS 61.880(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.
Distributed to:
Robert J. CurtisBlackburn Correctional Complex3111 Spurr RoadLexington, KY 40511
Steve Haney, WardenBlackburn Correctional Complex3111 Spurr RoadLexington, KY 40511
Tamela BiggsOffice of General CounselDepartment of Corrections2439 Old Lawrenceburg RoadFrankfort, KY 40602-2400