Opinion
Opinion By: Gregory D. Stumbo, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the actions of the Department of Corrections (DOC) relative to the open records requests of James Lang for certain of his medical records violated the Open Records Act. For the reasons that follow, we find no violation of the Act.
In his letter of appeal, Mr. Lang indicated that he had sent two open records requests to the Medical Director, Department of Corrections, for information in his medical file and had received no response to either.
After receipt of notification of the appeal, Emily Dennis, Staff Attorney, Office of Legal Services, Justice and Public Safety Cabinet, provided this office with a response to the issues raised in the appeal. In her response, Ms. Dennis advised:
This letter is sent in final agency response to the above-referenced open records appeals filed by inmate James Lang, #089449. Dr. Scott Hass, Director of the Medical Division for the Kentucky Department of Corrections, returned my phone call to his office yesterday, Wednesday, October 17, 2007. Dr. Hass advised that his office never received the alleged open records request filed by Mr. Lang; therefore, there is no basis upon which to find that the KY DOC Medical Division willfully withheld records as alleged by Mr. Lang. It is unclear whether Mr. Lang actually sent the request to Dr. Hass as Mr. Lang's letter does not include a complete inside address. Only Dr. Hass' name, title, and the name of the agency (KY DOC) appear on the request letter. The geographical address is completely omitted from the request. In addition, Dr. Hass is not the custodian of the records Mr. Lang seeks. Mr. Lang's medical records are housed in the KY DOC archives at the Roederer Correctional Complex. To obtain copies of records, he should address his open records request as follows:
Ms. Dennis further advised that she had explained, and Dr. Hass understands, the obligation under the Open Records Act and Corrections Policy and Procedure (CPP) 6.1 to respond to a request and inform an inmate that he is not the custodian of records in the event he does receive an open records request. She stated that Mr. Lang is encouraged to resubmit his request to the custodian of his medical records at the Roederer Correctional Complex.
We address first Mr. Lang's allegation that the DOC failed to respond to his open records requests for certain documents from his medical records. In his letter of appeal, Mr. Lang asserted that he had sent two requests to the Medical Director, DOC and had received no response for either. Ms. Dennis advised that she had contacted the Medical Director, Dr. Hass and he indicated that he had never received either request. Insufficient information is presented in this appeal for this office to conclusively resolve the factual dispute and the related procedural issue concerning the actual delivery and receipt of Mr. Lang's open records requests, and we make no finding in this regard. See 05-ORD-013; 03-ORD-061.
In her response to this office, with a copy to Mr. Lang, Ms. Dennis advised that the requested records would not be in the KY DOC Medical Division's custody and control, but rather located in the KY DOC archives at the Roederer Correctional Complex. She then provided the name and location of the official custodian where Mr. Lang's medical records are housed and where Mr. Lang could obtain the records he sought. The Department's response was in 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.
Accordingly, if he has not already done so, Mr. Lang should submit his open records request to the attention of Ms. Judy Mathis, Records Custodian, at the address provided above by Ms. Dennis.
A party aggrieved by this decision may appeal it by initiating an 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.