Opinion
Opinion By: Jack Conway, Attorney General; James M. Herrick, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the Northpoint Training Center ("NTC") violated the Kentucky Open Records Act in denying inmate Alvin Gist's March 24, 2014, request for a copy of certification records on a Department of Corrections staff member. Since the records do not refer to Mr. Gist by name, we conclude on the basis of precedent that NTC properly denied the request on the basis of KRS 197.025(2).
Mr. Gist requested to inspect "Certifications for investigating write-ups Sgt. Theresa Esque # 304." In a timely written response, Lisa Douglas of Offender Information Services denied Mr. Gist's request pursuant to KRS 197.025(2), advising that the document requested did not contain a specific reference to him. Mr. Gist appeals from the denial, claiming that the certification records are relevant to a disciplinary incident in which he was involved. He does not allege that the records contain a specific reference to him. NTC's response, submitted by Justice and Public Safety Cabinet Assistant Counsel Linda M. Keeton, reiterates that the records in question do not refer to Mr. Gist.
KRS 197.025(2) provides as follows:
KRS 61.870 to 61.884 to the contrary notwithstanding, the [D]epartment [of Corrections] shall not be required to comply with a request for any record from any inmate confined in a jail or any facility or any individual on active supervision under the jurisdiction of the department, unless the request is for a record which contains a specific reference to that individual.
We have consistently interpreted this provision as supporting the Department of Corrections' position that only documents mentioning the inmate by name need be provided. 05-ORD-130; 03-ORD-073; 99-ORD-157; 98-ORD-150. Since the certification records do not mention Mr. Gist specifically, KRS 197.025(2) is dispositive of this appeal. Thus, we find no violation of the Open Records Act.
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:
Mr. Alvin Gist, # 226338Ms. Lisa DouglasLinda M. Keeton, Esq.