Opinion
Opinion By: Andy BeshearAttorney General;Gordon SloneAssistant Attorney General
Open Records Decision
At issue in this appeal is whether Kentucky State Penitentiary violated the Open Records Act by denying a request for a color copy of a digital photograph. For the reasons set forth below, we find no violation of the Act.
On October 24, 2018, Glenn Odom ("Appellant"), an inmate at Kentucky State Penitentiary ("KSP"), requested for "a color copy of the photo attached of my self-harm injury write-up from Jan 25, 2018 (DR # KSR 2018-00318)." Catherine Weicht, KSP staff, timely responded to the request on October 26, 2018, denying the request "because Kentucky State Penitentiary does not provide color photos. KSP only provides pictures in black and white." Appellant then filed an appeal of that response on November 1, 2018.
Amy V. Barker, Assistant General Counsel, Justice and Public Safety Cabinet, responded on behalf of KSP. Ms. Barker stated that Appellant requested a color copy of a photograph attached as evidence to a disciplinary report record maintained in the Kentucky Offender Management System (KOMS) database. KSP stated that it is required to provide only standard hard copy format of records pursuant to KRS 61.874(2)(a) and KRS 61.874(3). KSP stated that it is not required to comply with Appellant's request for a color copy as that would be a request for a record in a nonstandardized format. "KSP is not required to provide full color copies as requested by inmate Odom, but only monochromatic as was provided to inmate Odom." We concur with KSP's denial for the reasons set forth below.
KRS 61.874(2)(a) provides:
Nonexempt public records used for noncommercial purposes shall be available for copying in either standard electronic or standard hard copy format , as designated by the party requesting the records, where the agency currently maintains the records in electronic format.
(Emphasis added.) "Standard hard copy format" means:
The minimum standard format in paper form shall be defined as not less than 8 1/2 inches x 11 inches in at least one (1) color on white paper. . .. Any request for a public record in a form other than the forms described in this section shall be considered a nonstandardized request.
KRS 61.874(2)(b) (emphasis added). Therefore, since monochrome copies are the minimum standard format for records in paper form, a request for full-color copies is a nonstandardized request.
In part, KRS 61.874(3) provides:
If a public agency is asked to produce a record in a nonstandardized format, or to tailor the format to meet the request of an individual or a group, the public agency may at its discretion provide the requested format and recover staff costs as well as any actual costs incurred.
(Emphasis added.) Accordingly, it was within KSP's discretion under KRS 61.874(2)(b) whether to provide color printouts of electronic records in its possession. 1 16-ORD-225. Appellant was not entitled to have records produced in a nonstandardized format, and KSP did not violate the Open Records Act in refusing to provide color photographs of the record requested. 18-ORD-133.
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 shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceeding.
Footnotes
Footnotes
1 In so ruling, we do not depart from our holding in 13-ORD-023 that a public agency has a duty to provide photographs in a "legible" form.