Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether Green River Correctional Complex violated the Kentucky Open Records Act in denying the request of Uriah M. Pasha for a "copy of the manual that indicates blocking the space at the bottom of the door is tampering with life safety equipment or security devices," and his request for a "copy of G.R.C.C.'s Special Management Unit's Log Book which records that SMU 16 B-Lower Walk's Drains backed-up on the dates of October 10, 2006 during the 8 a.m. to 4 p.m. shift and October 16, 2006" during the same shift, both of which he submitted on October 19, 2006. In timely identical responses, dated October 23, 2006, and October 24, 2006, respectively, Vanessa Dortch, Offender Records Custodian, denied Mr. Pasha's requests "per KRS 197.025 [and] KRS 61.872" because the requested documents "do not contain a specific reference" to him; attached to each of Ms. Dortch's responses is a copy of KRS 197.025(2). By letter dated October 24, 2006, Mr. Pasha initiated this appeal. Upon receiving notification of Mr. Pasha's appeal from this office, Emily Dennis, Staff Attorney, Justice and Public Safety Cabinet, responded on behalf of GRCC. Having summarized the procedural history, Ms. Dennis reiterates that KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), "applies to Mr. Pasha's request as an enactment of the General Assembly." Since the public records Mr. Pasha requested "do not contain a specific reference to [him], Ms. Dortch correctly denied his request [for] the record[s] pursuant to KRS 197.025(2)." Accordingly, GRCC respectfully requests a finding that Ms. Dortch complied with the Act in denying Mr. Pasha's requests.
In our view, 04-ORD-276 and 04-ORD-205, copies of which are attached hereto and incorporated by reference, are controlling on the facts presented. As consistently recognized by the Attorney General, KRS 197.025(2) expressly authorizes a correctional facility such as GRCC to deny a request by an inmate unless the record(s) contains a specific reference to that inmate. Because the manual and log requested do not contain a specific reference to Mr. Pasha, as required by the current version of KRS 197.025(2), he is not entitled to inspect or receive copies of those records, notwithstanding his assertions to the contrary. Regardless of the hardship Mr. Pasha believes that application of KRS 197.025(2) imposes, he is precluded from gaining access to records which do not contain a specific reference to him by the mandatory language of this provision; therefore, GRCC properly relied upon KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), in denying both of Mr. Pasha's requests. 99-ORD-161, p. 2.
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.