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 William D. Woolum's January 10, 2010, request for "KSR Dailey [sic] Move Sheets for the dates of November 13 through December 2, 2010, and a copy of this request in its completed stage." In a timely written response, KSR Offender Information Specialist Jodi Johnson advised Mr. Woolum that she had reviewed the move sheets for the specified time period and that his name was not listed on any of the existing responsive documents; accordingly, Ms. Johnson denied his request on the basis of KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l). Arguing that move sheets affect the "overall inmate population," and that other institutions "post their dailey [sic] move sheets on a Board" where they can be accessed, Mr. Woolum initiated this appeal by letter dated January 7, 2011, hoping to prove that regardless of whether his name is on it he "was the one who should have been listed on said" move sheet(s). Consistent with governing precedent(s), the disposition of Mr. Woolum's request is affirmed.
Upon receiving notification of Mr. Woolum's appeal from this office, Staff Attorney Jonathan S. Milby, Justice and Public Safety Cabinet, responded on behalf of KSR, reiterating that since Mr. Woolum "was not referenced in any of the records requested, KSR was not required to produce these records. Notably, the response issued to Mr. Woolum included the relevant text of the statute." Mr. Milby noted that Mr. Woolum's appeal "includes no references to any law that would supersede KRS 197.025(2)." Regardless of whether Mr. Woolum's assertion regarding the policy of some other institutions is accurate or not, Mr. Milby emphasized, his assertion is "irrelevant to the law regarding his request, which is squarely addressed by KRS 197.025(2)." This office agrees.
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 record(s) at issue apparently do not contain a specific reference to Mr. Woolum, 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. Woolum 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; 10-ORD-228.
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.