Opinion
Opinion By: Andy Beshear, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
The issue presented in this appeal is whether Blackburn Correctional Complex ("BCC") violated the Open Records Act when it refused to provide a copy of inmate canteen fund expenditures upon request of inmate David McCoy. This office finds that BCC properly refused to provide the requested records pursuant to KRS 197.025(2).
On October 31, 2018, Appellant requested that BCC provide him with "inmate canteen fund expenditures from July 1, 2018, thru October 31st, 2018," and a "copy of all purchase orders for September and October 2018." BCC responded on October 31, 2018, denying Appellant's request because the records he requested do not contain a specific reference to Appellant. This appeal followed.
In part, KRS 197.025(2) provides that DOC "shall not be required to comply with a request for any record from an inmate confined in a jail or any facility or any individual on active supervision under the jurisdiction of [DOC], unless the request is for a record which contains a specific reference to that individual ." (emphasis added). KRS 197.025(2) is incorporated into the Open Records Act by operation of KRS 61.878(1).
The Justice and Public Safety Cabinet responded to this appeal and confirmed that "funds expended from [the inmate canteen] are for the inmates as a whole and not for a specific inmate. " Appellant does not claim that the requested records contain specific information pertaining to him, but only that he should be able to access the records because it would "promote transparency and accountability." Regardless, BCC is not required to provide Appellant with copies of records which contain no inmate-specific information pursuant to KRS 197.025(2). Accordingly, BCC did not violate the Open Records Act by denying Appellant's request.
A party aggrieved by this decision shall 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.