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 Lexington-Fayette Urban County Government - Division of Community Corrections properly relied on KRS 197.025(2) in denying Eric Cunningham's requests for various institutional policies. That provision is incorporated into the Open Records Act by operation of KRS 61.878(1)(l). 1 It is the decision of this office that 03-ORD-073 is dispositive of the issue on appeal. As an inmate confined in a jail or correctional facility, Mr. Cunningham is not entitled to obtain records under the Open Records Act "unless the request is for a record which contains a specific reference to" him. KRS 197.025(2). Contrary to Mr. Cunningham's apparent belief, this statute constitutes an absolute prohibition on inmate access to any and all records that do not contain a specific reference to the inmate including policies and procedures. KRS 197.025(6), upon which he relies, merely establishes beyond cavil that policies and procedures, as well as administrative regulations, relating to security and control of inmates and penitentiaries are inaccessible to inmates and the public. It does not establish an exception to the general rule of nondisclosure for all other policies and procedures maintained by jails or correctional facilities. We therefore affirm LFUCG -- Division of Community Corrections' denial of Mr. Cunningham's request.
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.
Footnotes
Footnotes
1 KRS 61.878(1)(l) authorizes agencies to withhold:
Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly.