Opinion
Opinion By: Jack Conway, Attorney General; Matt James, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Kentucky State Reformatory ("KSR") violated the Open Records Act by denying an inmate's request for documents in another inmate's file that pertained to the inmate on the grounds that the documents did not exist. We find that the Kentucky State Reformatory did not err by denying the inmate's request under KRS 197.025(2), as there were no documents in the other inmate's file pertaining to the inmate requesting the documents.
Kentucky State Reformatory inmate Chris Hawkins ("Hawkins") submitted an open records request to the KSR on November 2, 2012. Hawkins requested copies of a disciplinary report, adjustment hearing, and appeal contained in the file of inmate Deshawn Bartlet ("Bartlet") that pertained to Bartlet being charged and convicted of a physical action against Hawkins. KSR received the request on November 5, 2012, and responded on November 8, 2012, denying the request on the grounds that there were no documents in Bartlet's file involving Hawkins. Hawkins initiated this present appeal on November 8, 2012. KSR responded to the appeal on November 19, 2012, maintaining that it denied Hawkins' request on the ground that no such documents involving Hawkins existed in Bartlet's file.
KRS 197.025(2) provides that "the department shall not be required to comply with a request for any record from any inmate. .. unless the request is for a record which contains a specific reference to that individual." This office has repeatedly held that "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. " 10-ORD-136 at *1; 08-ORD-271 at *3. Since Bartlet's file did not contain any references to Hawkins, KSR was within its statutory authority to deny Hawkins' request. Accordingly, we hold that the KSR did not violate the Open Records Act by denying Hawkins' request for records in Bartlet's file that pertained to him, as no such documents existed.
A party aggrieved by this decision may appeal it by initiating an action in the appropriate circuit court pursuant to KRS 61.846(4)(a). The Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or any subsequent proceedings.
Distributed to:
Chris Hawkins, # 103061William MustageAmy V. Barker