Opinion
Opinion By: Jack Conway,Attorney General;Matt James,Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Northpoint Training Center ("NTC") violated the Kentucky Open Records Act in its disposition of the request of inmate Juan Sanders to inspect equipment maintenance records. We conclude that the actions of NTC were in accordance with the Act.
Mr. Sanders made a written request dated November 7, 2013, for a "[c]opy of NTC Rec. Dept. log book regarding scheduled maintenance on Matrix Chest Press machines belt/cable change Etc." The request was received November 8, 2013. On November 18, 2013, NTC's Offender Records Custodian, Kelly Tyree, timely responded: "This record does not pertain [ sic ] a specific reference to you. See KRS 197.025(2). Therefore your request is denied."
Mr. Sanders' appeal was dated November 18, 2013, and received by this office on November 21, 2013. On November 25, 2013, Amy V. Barker, Assistant General Counsel, Justice and Public Safety Cabinet, reaffirmed KRS 197.025(2) as the basis for NTC's denial of the request. The subsection provides as follows:
KRS 61.870 to 61.884 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.
The Attorney General has consistently interpreted this provision as supporting NTC's 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 equipment maintenance log book presumably does not and would not mention Mr. Sanders specifically, KRS 197.025(2) is dispositive of this appeal and NTC properly denied inspection of the record.
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 proceedings.