Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
These matters having been presented to the Attorney General in open records appeals, and having been consolidated for purposes of review under KRS 61.880(2) insofar as they involve the same parties or contractually affiliated parties and common issues of law and fact, we find that the Department of Corrections, Kentucky State Penitentiary, and CorrectCare Integrated Health, Inc., did not violate the Open Records Act in the disposition of Rickey B. Jones' requests to obtain copies of contracts and the Hepatitis C protocol manual apparently maintained by these entities. To the extent Mr. Jones' appeal raises procedural issues, we find that 05-ORD-252, a copy of which is attached hereto and incorporated by reference, is controlling. At pages 2 and 3 of that decision, the Attorney General determined that the conflicting evidentiary record precluded his office from resolving against the agency a factual dispute concerning the actual delivery and receipt of the request that gave rise to the appeal. Here, too, the evidentiary record is conflicting, precluding us from resolving the procedural issue against these entities.
To the extent that Mr. Jones' appeal raises substantive issues relative to nondisclosure of contracts and manuals that do not contain "a specific reference" to him, we find that 03-ORD-074 and 03-ORD-073, respectively, are controlling. In each of these decisions, the Attorney General determined that "under no construction of KRS 197.025(2), as amended, can it be said that the requested [records] contain a specific reference to [Mr. Jones]." While the records may pertain to him as an inmate afflicted with Hepatitis C, they do not mention him by name, inmate number, or any other specific personal identifier, as required by KRS 197.025(2), and he is therefore statutorily foreclosed from obtaining copies of the records sought. Accordingly, we affirm these entities' denials of his requests.
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.
Rickey Bernard Jones, # 105345 6-H-12
Emily DennisStaff AttorneyJustice and Public Safety CabinetOffice of Legal Services125 Holmes Street, 2nd FloorFrankfort, KY 40601
Linda GoinsCorrectCare, Inc.366 South BroadwayLexington, KY 40508
Sally TylerOffice Support Assistant IIMedical DepartmentKentucky State PenitentiaryP.O. Box 128Eddyville, KY 42038-0128
John Wood, RNNurse Service AdministratorKentucky State PenitentiaryP.O. Box 128 Eddyville, KY 42038-0128