Opinion
Opinion By: Andy Beshear, Attorney General; Gordon Slone, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether Roederer Correctional Complex ("RCC") violated the Kentucky Open Records Act in its disposition of the request of inmate Christian Peyton ("Appellant") to receive copies of several American Correctional Association Standards. We conclude that the actions of RCC were in accordance with the Act.
On March 13, 2018, Appellant submitted a Request to Inspect Public Records in which he requested copies of the following American Correctional Association Standards: 4-4156; 4-4267; 4-4498; 4-4499; 4-4501; 4-4502; 4-4503; 4-4504; 2-CO-5D-01; and 2-CO-5E-01. Michelle Floyd, Offender Information Supervisor, timely responded to the request on March 19, 2018. Ms. Floyd informed Appellant that the records he requested were being denied because they did not contain a specific reference to him and the records were exempt under KRS 197.025(2). Appellant appealed that decision to the Office of the Attorney General.
The Office of the Attorney General received the appeal on March 26, 2018, and Angela Cordery, Staff Attorney, Justice and Public Safety Cabinet, responded on behalf of RCC on March 28, 2018. Ms. Cordery cited KRS 197.025(2) as the basis for denying Appellant the requested records and referenced a long line of decisions by this Office affirming denials by correctional facilities of requests by inmates where the record did not specifically reference the name of the inmate.
KRS 197.025(2) 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 long interpreted this provision as meaning that only documents mentioning the inmate by name need be provided. See, e.g. , 99-ORD-157. Since the American Correctional Association Standards 1 do not mention Appellant by name, KRS 197.025(2), as incorporated into the Open Records Act by operation of KRS 61.878(1)(l) 2, is dispositive of this appeal and RCC properly denied inspection of the records.
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 shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceeding.
Footnotes
Footnotes
1 The American Correctional Standards "reflect practical up-to-date policies and procedures and function as a management tool for over 1,500 correctional agencies in the United States." American Correctional Association Agency, Manual of Accreditation Policy and Procedure, Revised September 2014, Page 7.
2 KRS 61.878(1)(l) allows an agency to exempt from disclosure: "Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly [.]"