Opinion
Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Kentucky State Penitentiary violated the Kentucky Open Records Act in denying Davon Burke's February 13, 2012, request to inspect "[a]ll documentation concerning the calorie count regarding the kosher meal provided to me at KSP" and "[a] true copy of the kosher meal menu provided at KSP." In a timely written response, Deputy Warden Joel W. Dunlap advised Mr. Burke per KRS 61.872(5) that "documentation concerning the calorie count . . . does not exist at this facility." 1 KSP denied Mr. Burke access to a copy of the menu on the basis of KRS 197.025(2). Upon receiving notification of Mr. Burke's appeal, Assistant General Counsel Amy V. Barker, Justice and Public Safety Cabinet, responded on behalf of KSP, noting that none of the documents requested contain a "specific reference" to Mr. Burke and thus were properly withheld on the basis of KRS 197.025(2), incorporated into the Act by operation of KRS 61.878(1)(l). Citing prior decisions of this office, KSP correctly observed that KRS 197.025(2) clearly authorizes the Department of Corrections to deny access when the records being sought do not contain a specific reference to the inmate requester. This appeal presents no reason to depart from the governing precedents upon which KSP relied.
As the Attorney General has consistently recognized, KRS 197.025(2) expressly authorizes correctional facilities like KSP to deny a request by an inmate unless the record(s) contains a specific reference to that inmate. This office finds that 08-ORD-008 (affirming denial of inmate request for menus, Aramark food services contracts, etc. on basis of KRS 197.025(2)) and 10-ORD-216 (affirming denial of inmate request for "any and all labels from any & all ingredients used in the Kosher Kitchen" per KRS 197.025(2)) are directly on point; a copy of each decision is attached hereto and incorporated by reference. Because the record(s) at issue do not contain a specific reference to Mr. Burke, as required by the language of KRS 197.025(2), he is not entitled to inspect such records, or to receive copies thereof, notwithstanding his underlying concerns. Regardless of the hardship Mr. Burke 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, KSP 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.
Distributed to:
Davon Burke, # 162305Joel W. DunlapAmy V. Barker
Footnotes
Footnotes