Opinion
Opinion By: Andy Beshear,Attorney General;James M. Herrick,Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Little Sandy Correctional Complex ("LSCC") violated the Kentucky Open Records Act in its disposition of the request of inmate Glenn Odom to inspect catalogs and order forms from two private vendors. We conclude that the actions of LSCC were in accordance with the Act.
Mr. Odom made a written request dated February 16, 2017, for "a copy of both the newest Access (Ky. Packages) food vendor order catalog book and the clothing/shoes catalog book," along with "the order forms for both books." (Emphasis in original.) Beth Harper, Records Department, denied the request on February 17, 2017, based on KRS 197.025(2) as incorporated into the Open Records Act by KRS 61.878(1)(l), since the records did not contain a "specific reference" to Mr. Odom. This appeal was received on February 28, 2017, and a response was provided on March 2, 2017, by Amy V. Barker, Assistant General Counsel, Justice and Public Safety Cabinet. She states that Odom should "discuss how to obtain the forms he needs from his Classification and Treatment Officer instead of pursuing them through an open records request."
KRS 197.025(2) provides as follows:
KRS 61.870 to 61.884 to the contrary notwithstanding, the department 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.
The Attorney General has long interpreted this provision as meaning that only documents mentioning the inmate by name need be provided. See, e.g. , 99-ORD-157. Since the catalogs and order forms from the two private vendors in question presumably do not and would not mention Mr. Odom by name, KRS 197.025(2) is dispositive of this appeal and LSCC properly denied inspection of the records.
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 must be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceedings.