Opinion
Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether Northpoint Training Center violated the Kentucky Open Records Act in denying Willie J. Stewart's request for a copy of Grievance #08-192 "as it was filed by another inmate and grievances are confidential." 1 Although NTC initially violated KRS 61.880(1) in failing to cite the applicable statutory exception(s), NTC belatedly satisfied its burden of proof in responding to Mr. Stewart's appeal. More specifically, NTC argued that since the "actual grievance in 08-192 does not reference or apply to Inmate Stewart in any way, NTC properly denied him a copy of grievance #08-192 through an open records request following KRS 197.025(2)."
In our view, 03-ORD-073 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 record at issue does not contain a specific reference to Mr. Stewart, as required by the language of KRS 197.025(2), he is not entitled to inspect or to receive a copy of that record, notwithstanding his underlying concerns. Regardless of the hardship that Mr. Stewart may believe that application of KRS 197.025(2) imposes under the circumstances, 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; 2 accordingly, NTC 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.
Distributed to:
Willie J. Stewart, #093596Jennifer MaryeLeigh K. Meredith
Footnotes
Footnotes
1 NTC honored the remainder of Mr. Stewart's request by providing him with a copy of the Commissioner's response to Grievance #08-192, from which the Grievance Aide quoted in the Informal Resolution of his Grievance, #09-052, at no charge.
2 Although NTC also relied upon KRS 197.023(1) in denying Mr. Stewart's request, which appears to support its position as the inmate whose grievance was requested has apparently not signed a "waiver of confidentiality," further analysis of this alternative basis for denial is unnecessary given our determination relative to KRS 197.025(2).