Opinion
Opinion By: Albert B. Chandler III, Attorney General; Ryan M. Halloran, Assistant Attorney General
Open Records Decision
This is an appeal under the Open Records law by Mr. John R. Allen contesting the failure of the Department of Corrections to respond to his Open Records Request for copies of "the record concerning the two times I was at Droege House and York Street House from May 1994 through September 1994, and Droege on 'half way back' from January through of 1995. Also a copy of my Gold Seal Program Agreement or contracts for each time I was at these half-way houses, and a copy of the discharge summaries or termination forms." Mr. Allen's request was on an Open Records Request to Inspect Public Records form dated February 1, 2002. Mr. Allen's appeal was received in this office on February 20, 2002. Notice of the appeal was sent to the parties on February 21, 2002. Corrections responded by letter dated February 26, 2002.
In its response, Corrections states that it did not receive Mr. Allen's request for records. In support of this statement, an affidavit of Robert F. Brown, District Supervisor for the 7th District was submitted. In response to the request for records from Droege House and York Street House, the response states the records are in the custody of those programs and any request should be directed to them. The response includes the names and locations of the custodians of the records for the programs. This information was sent to Mr. Allen. Corrections interprets Mr. Allen's request for a copy of "my Gold Seal" to be a request for his parole certificate which Corrections sent to him with the response.
Finally, Corrections states in its response that there is confusion about what is meant by "discharge summaries or termination forms". The agency attached copies of Mr. Allen's Notice of Preliminary Hearing and Waiver of Preliminary Hearing for his parole revocation in January 1996 to attempt to satisfy his request for "discharge summaries or termination forms".
Corrections then makes a blanket statement that all other records are exempt from disclosure under KRS 439.510, OAG 88-14, and Commonwealth v. Bush, Ky., 740 S.W.2d 943 (1987). Corrections does not specify the records it deems exempt. Before making a decision on what amounts to a blanket denial, it would, we think, be better practice to know exactly what records are being requested by Mr. Allen when he uses the terms "discharge summaries or termination forms". The law supports this by requiring that denials be strictly construed. KRS 61.871. If copies of the Notice of Preliminary Hearing and Waiver of Preliminary Hearing for parole revocation do not satisfy Mr. Allen's request for "discharge summaries or termination forms", and Corrections does not understand what those records are, then those records may be in the custody of Droege House and the York Street House. Accordingly, Mr. Allen should include the request of those records in his requests to Droege House and York Street House and may file another appeal with this office if he is not satisfied and is of the opinion there are good grounds to do so.
We make no ruling on Corrections' blanket denial in this decision because the nature of the request and of the records requested are uncertain with regard to what is meant by "discharge summaries or termination forms".
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.
Distribution:
Mr. John Allen, #101973Lee Adjustment CenterP. O. Box 900Beattyville, KY 41311
Mr. Bob BrownDepartment of Probation and Parole 303 Court Street, Suite 706Covington, KY 41011
Mr. Steve DurhamDepartment of CorrectionsOffice of General Counsel2439 Old Lawrenceburg RoadFrankfort, KY 40602-2400