Opinion
Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether Blackburn Correctional Complex violated the Kentucky Open Records Act in denying Donnie Johnson's February 26, 2012, request for the "Unit[] Cost Statements to include names and addresses of Vendors for verification. (Keefe) Canteen [sic]." Although BCC initially referred Mr. Johnson to "KEEFE" for any existing responsive documents, 1 and confirmed on appeal that any such documents "are not part of the contract [with KEEFE, a copy of which BCC maintains]," BCC further argued that "the type of records that he seeks is not the type of records that would contain a specific reference to him." Citing KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), and prior decisions by this office, BCC explained that for this reason it would not provide such records even assuming it maintained them. 2 This appeal presents no basis to depart from the governing precedents upon which BCC relied in support of its denial.
Specifically, the reasoning found in 03-ORD-073 and 04-ORD-076 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 BCC to deny a request by an inmate unless the record(s) contains a specific reference to that inmate. See 10-ORD-136 (affirming denial of request for copy of "Keefe Canteen Contract" per KRS 197.025(2) because it did not contain "specific reference" to inmate requester) . Because the records at issue do not contain a specific reference to Mr. Johnson, as required by the language of KRS 197.025(2), he is not entitled to inspect or to receive a copy of those records, notwithstanding his underlying concerns. Regardless of the hardship Mr. Johnson 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, BCC 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 00-ORD-040; 03-OR-074; 07-ORD-219.
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:
Donnie Johnson, # 167496Sharon JohnsonAmy V. Barker
Footnotes
Footnotes