Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Kentucky State Penitentiary (KSP) violated the Open Records Act in denying James Savage's request to inspect various contracts maintained by the Detention Center. For the reasons that follow, we affirm the KSP's denial of Mr. Savage's request.
By request dated March 29, 2003, Mr. Savage submitted the following open records request to the KSP:
On or about Oct. 1997, the seg-unit (3C-H) was restructured and 13 left was made into a maximum assault/ maximum security walk. I want copies of any proposals, memos, policys (sic) or criteria listings or anything else showing how they designed this maximum security walk to be ran. I want anything that was sent eather too: (sic) or from: any [of] the following people, Department of Corrections, Frankfort, KY, Commissioner, the Western Regional Director's Office, the Warden or any Deputy Wardens or I/A Office here at the Ky St Pen. Also unit administrators, Lts., Sgts. and C.O.s here at the Ky St. Pen.
On March 31, 2003, Ron Fletcher, on behalf of KSP, denied Mr. Fletcher's request, advising:
Your request for proposals, memos, policies or criteria for 13 Left Walk being made a maximum assault/ maximum security walk is denied pursuant to KRS 197.025 Subsection (2) which states in part, "KRS 61.872 to the contrary notwithstanding, the department shall not be required to comply with a request for any record from any inmate confined in a jail or any facility or any individual on active supervision under the jurisdiction of the department, unless the request is for a record which contains a specific reference to that individual.
In his letter of appeal, Mr. Savage argues that he is entitled to the requested records because they specifically pertain to him since he is currently housed on Walk 13 Left.
After receipt of Notification of the Appeal and a copy of Mr. Savage's letter of appeal, Emily Dennis, Staff Attorney, Department of Corrections, provided this office with a response to the issues raised in the appeal. Elaborating on KSP's initial response, Ms. Dennis advised, in relevant part:
Mr. Fletcher's citation of KRS 197.025(2) was correct pursuant to KRS 61.878(1)(l) of the Kentucky Open Records Act. KRS 61.878(1)(l) exempts from disclosure public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly. KRS 197.025(2) states that ". . . the department shall not be required to comply with a request for any record from any inmate confined in a jail or any facility or any individual on active supervision under the jurisdiction of the department, unless that request is for a record which contains a specific reference to that individual." The documents that Mr. Savage seeks - including proposals, memos, policies, criteria, or design of the maximum security walk - certainly do not make specific reference to him and are therefore exempt from disclosure. Prior decisions of the Attorney General also support KSP's denial of the requested records. 03-ORD-007.
We affirm KSP's denial of Mr. Savage's request under authority of KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l). In 03-ORD-73, p 3, this office, in discussing the 2002 amendment to KRS 197.025(2), observed:
That provision previously authorized correctional facilities to withhold records from an inmate unless the records "pertain [ed] to that [inmate] ."
The language of KRS 197.025(2) has since been narrowed to require that the records requested by the inmate "contain a specific reference to the [requesting inmate] ." (Emphasis added.) The net effect of this amendment has been to further curtail the inmate's right of access to records maintained by the Department of Corrections and correctional facilities . . . .
See also, 03-ORD-007. We find that under no construction of KRS 197.025(2), as amended, can it be said that the requested records contain a specific reference to Mr. Savage. Accordingly, we find that the KSP properly denied his request for proposals, memos, policies or criteria for 13 Left Walk being made a maximum assault/ maximum security walk, notwithstanding his tenuous claim that they relate to him, because, as noted by the KSP's response, the requested records do not specifically reference Mr. Savage.
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 should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.