Opinion
Opinion By: Jack Conway, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open record appeal, and the Attorney General being sufficiently advised, we find that the Eastern Kentucky Correctional Complex (EKCC) properly relied on KRS 197.025(2) in denying Robert Bentel's request for a "Copy of memo dated 12/18/07 titled Dorm 6 pertaining to TVS in Dorm 6." That provision is incorporated into the Open Records Act by operation of KRS 61.878(1)(l). 1 It is the decision of this office that 04-ORD-071 is dispositive of the issue on appeal. A copy of 04-ORD-071 is attached hereto and incorporated by reference. As an inmate confined in a jail or correctional facility, Mr. Bentel is not entitled to obtain records under the Open Records Act "unless the request is for a record which contains a specific reference to" him. KRS 197.025(2). This statute constitutes an absolute prohibition on inmate access to any and all records that do not contain a specific reference to the inmate including policies and procedures. We therefore affirm the denial of Mr. Bentel's request for a copy of the memo dated 12/18/07 titled Dorm 6 pertaining to TVS in Dorm 6, under authority of KRS 197.025(2), because as noted in EKCC's response, the requested record does not contain a specific reference to him.
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.
Footnotes
Footnotes
1 KRS 61.878(1)(l) authorizes agencies to withhold:
Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly.