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 the Northpoint Training Center properly relied upon KRS 197.025(1), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), KRS 61.878(1)(a), and KRS 61.878(4), in masking a portion of Mr. Pappas' request for a copy of his Record of Interview.
KRS 197.025(1) provides that no person, including any inmate under the jurisdiction of the Department of Corrections, shall have access to any records if the disclosure is deemed by the commissioner of the department or his designee to constitute a threat to the security of the inmate, any other inmate, correctional staff, the institution, or any other person.
KRS 61.878(4) provides: "[i]f any public record contains material which is not excepted under this section, the public agency shall separate the excepted and make the nonexcepted material available for examination."
Mr. Pappas was provided a copy of the records he requested with some of the information, such as names, numbers, and addresses masked, upon a determination that disclosure of the redacted information would constitute a threat to the security of the inmate, any other inmate, or the facility. We believe that 94-ORD-18, and in particular the discussion at pages two and three of that decision is controlling. A copy of the decision is attached hereto and incorporated by reference.
In response to Mr. Pappas' request to the Northpoint Training Center for a copy of the Memorandum from Sharon Caudill to Craig Hughes, CTO, that his transfer from the Center to Blackburn Correctional Complex had been denied and a copy of a records from Central Office to institutional staff directing the application of a # 5 override on him, Mr. Pappas was advised none of these records were in his institutional file and he needed to contact Central Office, at "Classification Branch, Department of Corrections, P.O. Box 2400, Frankfort, KY 40602-2400, to obtain those records.
The Center advised Mr. Pappas that the requested records were not in his institutional file at the time his request was made. Under the Open Records Act, that is a proper response in that an agency cannot provide copies of documents which it does not have at the time of the request. 94-ORD-18.
Moreover, the Center's response was in substantial compliance with KRS 61.872(4), which provides:
If the person to whom the application is directed does not have custody or control of the public record requested, that person shall notify the applicant and shall furnish the name and location of the official custodian of the agency's public records.
Mr. Pappas was provided with the name and address of Central Office, at the Classification Branch, Department of Corrections where he could obtain the records he sought. Accordingly, we conclude that Center's response, in this regard, was in compliance with KRS 61.872(4) and the Open Records Act.
Finally, Mr. Pappas questions whether the above records were, in fact, not in his institutional files as he had viewed the Memorandum from Sharon Caudill to Craig Hughes, CTO, that his transfer from the Center to Blackburn Correctional Complex during his reclassification committee hearing.
In its supplemental response provided this office to the issues raised in Mr. Pappas' letter of appeal, the Department advised that Mr. Pappas had been allowed to inspect his institutional file. Under these circumstances, we conclude the Department has complied with the Open Records Act by providing Mr. Pappas with access to his institutional file. In a subsequent letter to this office, Mr. Pappas argued the agency's response that the Memorandum was not in the file was in error, and enclosed a copy of a Classification Notice from Sharon Caudill to CTO P. Hughes, notifying that Mr. Pappas' transfer from the Center to Blackburn Correctional Complex, had been denied. In OAG 89-81, the Attorney General stated:
This office cannot, with the information currently available, adjudicate a dispute regarding a disparity, if any, between records for which inspection has already been permitted, and those sought but not provided. Indeed, such is not the role of this office under open records provisions. It seems clear that you have permitted inspection of some records [the requester] asked to inspect, and that copies of some records have been provided. Hopefully any dispute regarding the records here involved can be worked out through patient consultation and cooperation between the parties.
The parties should continue to cooperate to resolve any differences or misunderstandings related to records sought by Mr. Pappas.
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.
Joseph Pappas # 142745Northpoint Training CenterP.O. Box 479, Dorm 1Burgin, KY 40310
Mendalyn CochranNorthpoint Training CenterP.O. Box 479Burgin, KY 40310
Brian LoganDepartment of CorrectionsOffice of General Counsel2439 Old Lawrenceburg RoadFrankfort, KY 40602-2400