Opinion
Opinion By: Andy Beshear,Attorney General;Amye L. Bensenhaver,Assistant Attorney General
Open Records Decision
Johnny R. Phillips appeals Kentucky State Reformatory's alleged failure to respond to his January 6, 2016, request for "one complete copy" of records relating to his and other inmates' transfers and to his participation in the kosher meals program. Noting that he sent his request "via U.S. regular mail," Mr. Phillips complains that there has "been no response by either KSR or the DOC."
In response to this office's notification of Mr. Phillips' appeal, KSR denied receipt of Mr. Phillips' request but provided him with "documents identified by KSR as being responsive" to his January 6 request. KSR indicated that the "names and institutional numbers of other inmates" identified in the responsive records were redacted pursuant to KRS 197.025(1) .
KSR did not violate the Open Records Act in denying Mr. Phillips access to the "names and institutional numbers of other inmates" identified in the records deemed responsive to his request. KRS 197.025(1) provides:
KRS 61.870 to 61.884 to the contrary notwithstanding, no person shall have access to any records if the disclosure is deemed by the commissioner of the department or his designee to constitute a threat to the security of the inmate, any other inmate, correctional staff, the institution, or any other person.
This access restriction, which is deemed incorporated into the Open Records Act by KRS 61.878(1)(1), 1 has been construed to vest the Department of Corrections with "broad, although not unfettered, discretion to deny inmates access to records the disclosure of which ? represents a threat to institutional security. " See 09-ORD-039 (enclosed) . It is intuitive to deem the disclosure of names and institutional numbers of other inmates identified in these responsive records a threat to institutional security. We affirm the partial denial of Mr. Phillips' request.
We do not decide the question of KSR's alleged failure to respond to Mr. Phillips' request. Mr. Phillips maintains that he transmitted his request by regular U.S. Mail. KSR asserts that it did not receive the request until it was notified of Mr. Phillips' appeal. The Attorney General is unable to resolve a factual dispute regarding actual delivery and receipt of a request and we therefore make no finding on this question. 14-ORD-099 (enclosed) .
Either party may appeal this decision 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.
Footnotes
Footnotes
1 KRS 61.878(1)(1) authorizes public agencies to withhold, "public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly."