23-ORD-270
October 10, 2023
In re: Eric Lloyd Hermansen/Department of Corrections
Summary: The Department of Corrections (“the Department”) did not
violate the Open Records Act (“the Act”) when it denied a request for a
record that does not contain a specific reference to the requesting
inmate.
Open Records Decision
In a written request dated August 21, 2023, and received by the Department
on August 30, 2023, inmate Eric Lloyd Hermansen (“Appellant”) requested “a copy of
the recent contract entered into between [Kentucky Centralized Inmate Commissary,
Inc. (“KCIC”)] and Union Supply Direct and/or any of its subsidiaries to provide
commissary canteen and property vendor orders to prisoners in the Kentucky penal
system.” In a timely response, the Department denied the request because the
contract “does not contain a specific reference to [the Appellant and] is exempt from
disclosure to [him] under KRS 61.878(1)(l) and KRS 197.025(2).” This appeal
followed.
Under KRS 197.025(2), which is incorporated into the Act by KRS 61.878(1)(l),
“the department shall not be required to comply with a request for any record from
any inmate confined in a jail or any facility . . . unless the request is for a record which
contains a specific reference to that individual.” Here, the Appellant claims “KCIC is
not the [Department, but] a separate and distinct state agency.” He therefore argues
KRS 197.025(2) should not apply to his request because it was addressed to KCIC.
However, the Appellant is incorrect. Under KRS 196.270, KCIC is “established and
maintained within the Department of Corrections” and its directors are the
commissioner of the Department, “the deputy commissioner of Adult Institutions, the
executive director of the Division of Administrative Services, and the wardens of all
state and private correctional institutions.” Because KCIC exists “within theDepartment,” it is not “separate and distinct” from the Department as the Appellant
argues. Thus, a request addressed to KCIC is a request to “the department” within
the meaning of KRS 197.025(2). Accordingly, the Department did not violate the Act
when it denied the Appellant’s request for a record that does not contain a specific
reference to him.
A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court pursuant to 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
be notified 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
#406
Distributed to:
Eric Lloyd Hermansen, #126673
Edward Baylous, Esq.
Ms. Sara Pittman
Ms. Ann Smith