Opinion
Opinion By: Andy Beshear,Attorney General;J. Marcus Jones,Assistant Attorney General
Open Records Decision
The issue presented in this appeal is whether the Kentucky State Penitentiary (KSP) violated the Open Records Act when it refused to permit inspection of the facility physical budget and food sales permits upon request of inmate Robert McQueen ("Appellant"). For the reasons stated below, we find that KSP properly refused inspection because the records did not contain a specific reference to the inmate, as permitted by KRS 197.025(2) 1.
On August 23, 2018, Appellant submitted the first of two Request for Inspection of Public Record forms at issue in this appeal. In that first form, Appellant stated "I would like to inspect the physical budget for this facility in relations to the inmate canteen funds, recreation funds, library funds etc." On August 31, 2018, the KSP open records coordinator responded to the request with a denial. The records coordinator explained the denial stating that, "[t]he records you are requesting to inspect do not contain a specific reference to you and the records are exempt from disclosure to you under KRS 61.878(1)(l) and KRS 197.025(2)."
On September 6, 2018, Appellant submitted the second Request for Inspection of Public Record form. In that form, Appellant states that "I am requesting to inspect any [and] all records to food sales permits that allow KSP to operate as a food vendor/staff canteen. " On September 6, 2018, the KSP open records coordinator responded to the second request with a similar denial. The records coordinator stated, "[t]he records you request concerning permits at KSP do not contain a specific reference to you and the records are exempt from disclosure to you under KRS 61.878(1)(l) and KRS 197.025(2)." Appellant submitted the two open records requests and agency responses to this office jointly for one appeal.
On September 17, 2018, Justice and Public Safety Cabinet attorney Angela E. Cordery responded to the appeal on behalf of KSP. Citing multiple Open Records Decisions, Ms. Cordery notes that Appellant is incarcerated at KSP, and "KRS 197.025(2) expressly authorizes correctional facilities like KSP to deny a request by an inmate unless the record(s) contains a specific reference to that inmate. "
KRS 197.025(2), incorporated into the Act by operation of KRS 61.878(1)(l) 2, allowed KSP to deny Appellant's request to inspect the facility physical budget and food sales permits. The statute states that the department shall not be required to comply with a request for any record from any inmate "unless the request is for a record which contains a specific reference to that individual." We interpret this provision to require that the inmate be specifically referenced by name in the requested document. 14-ORD-224; 09-ORD-057. Simply because a document may be relevant to or pertain to an inmate, and irrespective of any hardship created by the denial, KRS 197.025 permits the Department of Corrections to withhold disclosure if the requested record does not contain a specific reference to the requesting inmate. See 17-ORD-073; 04-ORD-248.
The records Appellant requested to inspect are not records that contain a specific reference to an inmate. The facility physical budget and food sales permits at issue are general financial documents. Prior decisions of this office have found no violation of the Act when a correctional facility elected to deny inspection of these sort general financial records because they do not contain a specific reference to an inmate. See 17-ORD-073 (upholding denial of inmate's request for copy of contract between Correct Care Solutions and Department of Corrections); 17-ORD-015 (upholding denial of inmate's request for "[c]ontract provisions regarding. . .[c]ommissary obligations"); 14-ORD-164 (upholding denial of inmate's request for documents related to institutional recreation budget, band programs, and band purchases); 03-ORD-074 (upholding denial of inmate's request for copy of food services contract). Accordingly, we find that KSP did not violate the Act when it denied inspection of the facility physical budget and food sales permits because they did not contain a specific reference to the requesting inmate.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court per 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.
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