Opinion
Opinion By: Jack Conway, Attorney General; James M. Herrick, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Kentucky State Penitentiary ("KSP") violated the Kentucky Open Records act in its disposition of the June 5, 2015, request of inmate Ruben Salinas to inspect "Recent Guidelines (Management Plan) for Hepatitis-C, circa May/June 2015." We conclude that the actions of KSP were in accordance with the Act.
KSP replied in the form of a memorandum from Mary Godfrey, Office Support Assistant II, Medical Department, dated June 9, 2015, denying the request because "[t]he records you request ? [d]o not contain a specific reference to you and the records are exempt from disclosure to you under KRS 61.878(1) and KRS 197.025(2)." The present appeal was received by this office on July 8, 2015, and a response was received on July 15, 2015, from Amy V. Barker, Assistant General Counsel, Justice and Public Safety Cabinet.
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.
The Attorney General has consistently interpreted this provision as supporting the Department'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 Hepatitis C guidelines do not mention Mr. Salinas specifically, KRS 197.025(2) is dispositive of this appeal and we conclude that KSP's actions were in compliance with the law.
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.