Opinion
Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the Kentucky State Reformatory violated the Kentucky Open Records Act in denying inmate Larry W. Palmer's June 24, 2010, request for "a copy of the Keefe Canteen Contract." In a timely written response, Marc Abelove, Offender Information Specialist, denied Mr. Palmer's request on the basis of KRS 197.025(2). Mr. Palmer initiated this appeal shortly thereafter, arguing that said contract "pertains" to him "directly or indirectly as an inmate located at the Kentucky State Reformatory. . . ." Because the record which is responsive to Mr. Palmer's request does not contain a "specific reference" to him, this office finds that KSR properly denied access on the basis of KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l). To hold otherwise would contravene governing precedents.
Upon receiving notification of Mr. Palmer's appeal from this office, Amy V. Barker, Assistant General Counsel, Justice and Public Safety Cabinet, responded on behalf of KSR, reiterating that the "Keefe Canteen Contract does not contain a specific reference to Larry Palmer." Ms. Barker correctly noted that "KRS 61.878(1)(l) exempts 'public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly.'" Relying upon 08-ORD-271, Ms. Barker asserted that "the Department of Corrections is not obligated to provide copies of records when they do not contain a specific reference to the inmate who requests the copies." Ms. Barker cited prior decisions by this office in support of the agency's position, including 04-ORD-076 and 03-ORD-073. Because this appeal presents no reason to depart from these governing precedents, the denial by KSR must be affirmed.
The reasoning found in 04-ORD-076 and 03-ORD-073 is controlling on the facts presented; a copy of each decision is attached hereto and incorporated by reference. As the Attorney General has consistently recognized, KRS 197.025(2) expressly authorizes correctional facilities like KSR to deny a request by an inmate unless the record(s) contains a specific reference to that inmate. Because the contract at issue does not contain a specific reference to Mr. Palmer, 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 Mr. Palmer 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, KSR 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. See also 07-ORD-219; 03-ORD-074; 00-ORD-40.
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.
Larry W. Palmer, # 120521Marc AbeloveAmy V. Barker