Opinion
Opinion By: Jack Conway, Attorney General; James M. Herrick, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the Northpoint Training Center ("NTC") violated the Kentucky Open Records Act in denying inmate Michael McBroom's request for a copy of a Security Activity Log for "the Security Activity Log for the day of 2/6/2009, from the hours of 3:00 PM to 4:00 PM that shows at what time the Institutional Count was cleared." Since the document does not refer to Mr. McBroom by name and its disclosure could constitute a security threat, we conclude on the basis of precedent that the NTC properly denied the request on the basis of KRS 197.025, subsections (1) and (2).
In a timely written response, Donna Lamb, Office Support Assistant, denied Mr. McBroom's request pursuant to KRS 197.025(2), advising that the document requested did not contain a specific reference to him. Mr. McBroom appeals from the denial, claiming that the Security Activity Log is relevant to a pending disciplinary matter in which he is involved. He does not allege that the document contains a specific reference to him.
The NTC's response, submitted by Justice and Public Safety Cabinet Staff Attorney Leigh K. Meredith, reiterates that the document does not refer to Mr. McBroom, and further adds that "the NTC Security Activity Log documents activity of the staff and security procedures within the institution" and its release "would constitute a threat to the safety and security of the institution, staff and other inmates" within the meaning of KRS 197.025(1).
KRS 197.025(2) provides as follows:
KRS 61.870 to 61.884 to the contrary notwithstanding, the [D]epartment [of Corrections] 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.
We have consistently interpreted this provision as supporting the Department of Corrections' position that only documents mentioning the inmate by name need be provided. 05-ORD-130; 03-ORD-073; 99-ORD-157; 98-ORD-150. Since the Security Activity Log does not mention Mr. McBroom specifically, KRS 197.025(2) is dispositive of this appeal. The security concerns, however, would be equally adequate as a basis for the denial in this instance.
KRS 197.025(1) provides:
KRS 61.884 and 61.878 notwithstanding, no person, including any inmate confined in a jail or any facility or any individual on active supervision under the jurisdiction of the department, shall have access to any records if the disclosure is deemed by the commissioner of the department or his designee to constitute a threat to the security of the inmate, any other inmate, correctional staff, the institution, or any other person.
This subsection affords the Commissioner of the Department of Corrections or his designee "broad, although not unfettered, discretion to deny inmates access to records the disclosure of which, in his view, represents a threat to institutional security." 96-ORD-179. Accordingly, this office in prior cases has declined to substitute its judgment for that of the correctional facility or the Department of Corrections.
The Security Activity Log at issue in this appeal is analogous to other types of records in regard to which we have upheld denial of access pursuant to KRS 197.025(1). See, e.g., 08-ORD-148 (Duty Watch Logs) ; 04-ORD-180 (entry/exit logs, daily rosters, call-in logs, and time and attendance records for security staff) . In keeping with these precedents, we therefore conclude that the NTC acted consistently with the Open Records Act in denying Mr. McBroom's request.
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.
Distributed to:
Michael McBroom, #193806Donna LambLeigh K. Meredith, Esq.