23-ORD-257
September 25, 2023
In re: Jacob Brannon/Western Kentucky Correctional Complex
Summary: The Western Kentucky Correctional Complex (“the
Complex”) did not violate the Open Records Act (“the Act”) when it did
not fulfill a request for information that failed to describe public records
to be inspected.
Open Records Decision
On August 14, 2023, inmate Jacob Brannon (“Appellant”) requested “the full
names of” two correctional officers. In a timely response, the Complex denied the
request because “requests for information are outside the scope of the open records
law and an agency is not required to honor a request for information.” This appeal
followed.
The Act does not require public agencies to answer interrogatories or provide
information. Rather, it requires public agencies to produce only extant public records
for inspection. See KRS 61.872(2)(a) (a request to inspect records must include, among
other things, a description of “the records to be inspected”); see also Dep’t of Revenue
v. Eifler, 436 S.W.3d 530, 534 (Ky. App. 2013) (“The [Act] does not dictate that public
agencies must gather and supply information not regularly kept as part of [their]
records.”). Here, the Appellant requested only information—the full names of two
employees. Although that information may appear somewhere in the Complex’s
records, the Appellant did not describe any public records he wished to inspect. Thus,
the Complex had no duty under the Act to provide the requested information.
Accordingly, the Complex did not violate the Act.
A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court under KRS 61.880(5) and KRS 61.882 within 30 days from
the date of this decision. Pursuant to KRS 61.880(3), the Attorney General shall benotified of any action in circuit court, but shall not be named as a party in that action
or in any subsequent proceedings. The Attorney General will accept notice of the
complaint emailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/ James M. Herrick
James M. Herrick
Assistant Attorney General
#379
Distributed to:
Jacob Brannon, #244944
Edward Baylous, Esq.
Ms. Sara Pittman
Ms. Ann Smith