Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Amye L. Bensenhaver, 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 the Department of Corrections did not violate the Open Records Act in the disposition of David Michael Berry's May 22, 2004, request for records relating to an individual other than Mr. Berry identified by name, social security number, and date of birth. The Department denied that request on June 2, 2004, 1 advising Mr. Berry that pursuant to KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), it is not "required to comply with a request for any record from any inmate confined in a jail or any facility or any individual on active supervision under the jurisdiction of the department, unless the request is for a record which contains a specific reference to that individual." We agree and find that 03-ORD-073, a copy of which is attached hereto and incorporated by reference, is controlling. The Department properly denied Mr. Berry's request because the records identified in that request do not contain a specific reference to him.
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.
David M. Berry, # 167072Northpoint Training Center, Dorm # 3P.O. Box 479Burgin, KY 40310
Larry T. O'ConnorOffender Information ServicesDepartment of Corrections2439 Lawrenceburg RoadP.O. Box 2400Frankfort, KY 40602-2400
Emily DennisJustice and Public Safety CabinetDepartment of CorrectionsOffice of General Counsel2439 Lawrenceburg RoadP.O. Box 2400Frankfort, KY 40602-2400
Footnotes
Footnotes
1 On appeal, the Department asserts that Mr. Berry's appeal is time barred by virtue of KRS 197.025(3), requiring "all persons confined in a penal facility [to] challenge any denial of an open record with the Attorney General by mailing or otherwise sending the appropriate documents to the Attorney General within twenty (20) days of the denial . . . ." The Department issued its denial on June 2, 2004, and Mr. Berry's undated appeal reached this office on June 9, 2004. The appeal was not transmitted to the appropriate division of the Attorney General's Office until July 19, 2004. Accordingly, the appeal is not time barred.