Opinion
Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the Louisville Metro Department of Corrections violated the Kentucky Open Records Act in denying Ja-Ron Teague's request for a copy of the written policy establishing "the grace period" allowed before an "escape and degree [sic] warrant is issued." Having received no response, Mr. Teague initiated this appeal in a document styled as a court pleading, which this office received on July 23, 2008. Upon receiving notification of Mr. Teague's appeal from this office, Suzanne D. Cordery, Assistant Jefferson County Attorney, responded on behalf of the LMDC, initially advising that her office "has never received these papers from the complaining party." By letter dated July 31, 2008, a copy of which Ms. Cordery forwarded to this office, she denied Mr. Teague's request on the basis of KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l). Although this office is unable to resolve the factual issue regarding delivery and receipt of Mr. Teague's request, and therefore makes no finding in this regard, the agency's ultimate disposition of the request is affirmed.
In our view, 04-ORD-071 and 04-ORD-076 are controlling on the facts presented; a copy of each decision is attached hereto and incorporated by reference. As consistently recognized by the Attorney General, KRS 197.025(2) expressly authorizes correctional facilities under the jurisdiction of the Department of Corrections to deny a request by an inmate unless the record(s) contains a specific reference to that inmate. Because the records at issue do not contain a specific reference to Mr. Teague, as required by the language of KRS 197.025(2) , he is not entitled to inspect or to receive copies of those records, notwithstanding his underlying concerns. Regardless of the hardship Mr. Teague may believe that application of KRS 197.025(2) imposes, he is expressly precluded from gaining access to records which do not contain a specific reference to him by the mandatory language of this provision; accordingly, the LMDC properly relied upon KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), in denying his request. 99-ORD-161, p. 2.
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.