Opinion
Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether Northpoint Training Center violated the Kentucky Open Records Act in denying Rico Lyvers' August 21, 2012, request for the "write-up of Herbert Wilcox from June 18, 2010 7-1 with officers [sic]. And also Detention Order. [sic]" In a timely written response, Kelly Tyree, Offender Information Services, acknowledged receiving Mr. Lyvers' request on August 22 but advised that his request was denied as the records "do not contain a specific reference to you" and therefore are "exempt from disclosure to you under KRS 61.878(1)(l) and KRS 197.025(2) ." Mr. Lyvers initiated this appeal soon thereafter, acknowledging "there is no dispute that my name is not mentioned on Mr. Wilcox's disciplinary report," but asserting "the nexus is that he is named on my disciplinary report which occurred immediately before his assault on Staff." Relying upon prior decisions by this office, including 03-ORD-073 and 04-ORD-076, NTC then reaffirmed its position that Mr. Lyvers is not entitled to inspect such records because KRS 61.878(1)(l), when viewed in conjunction with KRS 197.025(2), "clearly shows that [NTC] is not obligated to allow inspection of records when the records do not contain a specific reference to the inmate who requests the inspection. " Because the instant appeal presents no basis to depart from the governing precedents upon which NTC relied, this office affirms the agency's denial of Mr. Lyvers' request.
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 NTC to deny a request by an inmate unless the record(s) contains a specific reference to that inmate. See also 00-ORD-040; 03-OR-074; 07-ORD-219; 10-ORD-136; 12-ORD-070. Because the records at issue do not contain a specific reference to Mr. Lyvers, 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. Lyvers may believe that application of KRS 197.025(2) imposes under the circumstances, 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, NTC 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.
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:
Rico Lyvers, # 176816Kelly TyreeAmy V. Barker