Opinion
Opinion By: Jack Conway, Attorney General; Matt James, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether Blackburn Correctional Complex ("BCC") violated the Open Records Act in not providing records to an inmate which did not contain a specific reference to that inmate. We find that BCC did not violate the Open Records Act in not providing records to an inmate which did not contain a specific reference to that inmate.
Michael Whitehead ("Whitehead"), an inmate currently incarcerated at BCC, submitted an open records request to BCC on Jan. 27, 2014. Whitehead requested:
to know the name of the ARAMARK source base meat that is served to us in meals such as: sloppy joe, loaded nachos, BBQ sandwich, cheeseburger casserole, etc.
Pursuant to the Open Records Act, I request a copy of the relevant invoice, shipping documents, master menu, or other printed document that would say 1. What it is 2. Who makes it 3. Where it comes from.
BCC denied the request on Jan. 28, 2014 on the grounds that "you cannot have records that have no specific reference to you per KRS 197.025(2)."
Whitehead initiated this appeal on Jan. 28, 2014. Whitehead provided several pages of legal justification for his appeal, claiming that he has "a right to know what I am eating and a right to be furnished the information I requested in the Open Records Request." Whitehead alleged violations of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. § 301 et seq., and specifically the definition of "food" in 21 U.S.C. § 321(f), as well KRS 13A.130, which forbids administrative agencies from acting contrary to statutes or regulations. Whitehead argues that "while the provisions of KRS 197.025(2), KRS 61.870-61.884, and other laws may apply, they are being exercised in an arbitrary and contradictory fashion as it relates to federal and state law." BCC responded to the appeal on Feb. 11, 2014 by reiterating that KRS 197.025(2) allows correctional facilities to deny a record request by an inmate unless the record contains a specific reference to that inmate.
KRS 197.025(2) provides that "the department shall not be required to comply with a request for any record from any inmate confined in a jail or any facility . . . under the jurisdiction of the department, unless the request is for a record which contains a specific reference to that individual." This office has repeatedly upheld denials of records requests by inmates based on that provision. 13-ORD-022; 09-ORD-057; 03-ORD-150. Whitehead is correct that KRS 197.025(2) applies. Accordingly, since Whitehead's request for documents pertaining to the "mystery meat" used in various prison foods do not contain a specific reference to him, 1 BCC did not violate the Open Records Act in failing to provide him with the records. Any other alleged violations of law are outside the purview of an open records appeal.
A party aggrieved by this decision may appeal it by initiating an action in the appropriate circuit court pursuant to KRS 61.880(5)(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.
# 71
Distributed to:
Michael Whitehead #235196Susan Wilhoit-OliverAmy V. Barker
Footnotes
Footnotes
1 If the documents concerning the "mystery meat" did contain a specific reference to Whitehead, this office would be gravely concerned. See generally SOYLENT GREEN (Metro-Goldwyn-Mayer 1973).