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 Kentucky State Reformatory (KSR) violated the Kentucky Open Records act in its disposition of inmate Phillip Johnson's September 5, 2017, request for a "copy of KSR Medical or Ky. DOC Criteria for Power Chair." For the reasons stated below, we find no violation of the Act.
On September 7, 2017, KSR denied Mr. Johnson's request on grounds that the record did not contain a specific reference to him, citing KRS 61.878(1)(l) and KRS 197.025(2). 1 Mr. Johnson's appeal was received in this office on September 14, 2017. On September 21, 2017, Amy V. Barker, Assistant General Counsel, Justice and Public Safety Cabinet, advised that after further inquiry it had been determined that neither KSR nor the Department of Corrections has written criteria for providing power wheelchairs. Under KSR IPP 13-00-04 and CPP 13.2, the matter is left to the judgment of the medical staff.
A public agency cannot afford a requester access to a record that it does not have or that does not exist. 99-ORD-98. The agency discharges its duty under the Open Records Act by affirmatively so stating. 99-ORD-150. Since the nonexistence of the requested record has been adequately explained, we find no violation of the 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 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.
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