23-ORD-327
December 13, 2023
In re: Kevin Adams/Eastern Kentucky Correctional Complex
Summary: The Eastern 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 October 24, 2023, inmate Kevin Adams (“Appellant”) requested “the name
of the Capt. (Acting) or shift supervisor that authorized the strip search of the kitchen
worker in the Kitchen on 8-21-22 between 9:00 AM – 10:00 AM.” He further stated
“[t]here’s no name on the strip search log, just Capt. Office.” In a timely response, the
Complex denied the request under KRS 197.025(2) and KRS 61.878(1)(l) because the
strip search log did not contain a specific reference to the Appellant. This appeal
followed.
On appeal, the Complex notes the Appellant did not request to inspect the strip
search log, but only asked for “the name” of an individual. The Complex therefore
asserts it need not honor the request because “requests for information are outside
the scope of the open records law.”
The Act does not require public agencies to answer interrogatories or provide
information. Rather, it requires public agencies to produce 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 name of the person
who authorized a strip search. Although that information may appear somewhere inthe 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 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
#511
Distributed to:
Kevin Adams, #121534
Jesse L. Robbins, Esq.
Ms. Sara M. Pittman
Ms. Ann Smith