Opinion
Opinion By: Jack Conway, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having been presented to the Office of the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that Kentucky State Reformatory properly relied on KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), 1 in denying two records requests submitted by James C. Higgs on April 21, 2011. The requested records related, in general, to CPP 15.8II Policy and Procedures and the drug testing program implemented thereunder. KSR promptly advised Mr. Higgs that KRS 197.025(2) authorizes denial of an inmate's request for a record "unless the request is for a record which contains a specific reference to that individual." Here, as in 03-ORD-073, we find that under no construction of KRS 197.025(2) can it be said that the requested records "contain a specific reference to [Mr. Higgs]." Accord, 10-ORD-104. It is by this standard, and not the "applies to [the requester] " standard Mr. Higgs suggests, that we assess the propriety of KSR's denial. 03-ORD-073 is therefore dispositive of the issue on appeal to the Attorney General per KRS 61.880(2)(a), 2 and this office has no jurisdiction to consider the other issues Mr. Higgs' raises.
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:
James C. Higgs, # 084908Marc AbeloveAmy V. Barker
Footnotes
Footnotes
1 KRS 61.878(1)(l)authorizes public agencies to withhold "[p]ublic records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly."
2 KRS 61.880(2)(a) provides:
If a complaining party wishes the Attorney General to review a public agency's denial of a request to inspect a public record, the complaining party shall forward to the Attorney General a copy of the written request and a copy of the written response denying inspection. If the public agency refuses to provide a written response, a complaining party shall provide a copy of the written request. The Attorney General shall review the request and denial and issue within twenty (20) days, excepting Saturdays, Sundays and legal holidays, a written decision stating whether the agency violated provisions of KRS 61.870 to 61.884.