Opinion
Opinion By: Andy Beshear,Attorney General;Sarah Ellen Eads Adkins,Assistant Attorney General
Open Records Decision
The issue presented in this appeal is whether Kentucky State Penitentiary ("KSP") violated the Open Records Act in denying a request from inmate James Harrison for "the intake records revealing the name of the person(s) who conducted the intake documents." We find no error in KSP denying his requests due to his failure to comply with an internal policy instituted by the KSP Warden in compliance with Department of Corrections Policies and Procedures 6.1 for requesting copies of medical records. KSP's requirement that inmates must use a specific form when requesting medical records from their caseworkers and submit the request on that specific form is affirmed under prior decisions of this office and KRS 197.025.
By request dated May 29, 2019, Appellant requested "the intake records revealing the name of the person(s) who conducted the intake documents." The request was made on a "Request to Inspect Public Records" form. The request was stamped as received by the KSP Open Records Coordinator on May 29, 2019. KSP has five calendar days to respond, excepting Saturdays, Sundays, and legal holidays pursuant to KRS 197.025(7). A timely response was sent on June 5, 2019, explaining that the requests were denied as Appellant had failed to obtain, and use, the specific form from his caseworker for requesting medical records. KSP also provided a memorandum from Warden DeEdra Hart explaining the procedure to request medical documents at KSP. Appellant appealed that response to this Office.
After receipt of the appeal, the Justice and Public Safety Cabinet responded on behalf of KSP. KSP explained that the medical open records form "is designed to provide information needed to locate the correct medical records and to protect private medical records." KSP confirmed that Appellant failed to follow the policy instituted by Warden Hart in that he did not obtain the designated medical open records form from his caseworker and did not use that particular form to request medical records. Further, Appellant included a copy of Warden Hart's memorandum with his appeal, reflecting he is aware of the requirement to use the particular form when requesting medical records.
In addressing issues surrounding access to public records in the context of a correctional facility, the Attorney General has repeatedly recognized:
An inmate in a correctional facility is uniquely situated with respect to the exercise of his rights under the Open Records Act. Although, as we have recently observed, "all persons have the same standing to inspect and receive copies of public records, and are subject to the same obligations for receipt thereof," an inmate's movements within the facility are presumably restricted . . . Accordingly, an inmate must accept the necessary consequences of his confinement, including policies relative to application for, and receipt of, public records.
95-ORD-105, p. 3 (citing 94-ORD-40, p. 2).
Moreover, this office has recognized that the Department of Corrections is vested with broad discretion in matters related to the safety, security, and operation of its correctional institutions. See 94-ORD-40. In a proper exercise of its discretion, the Department incorporated CPP 6.1 through 501 KAR 6:020. CPP 6.1.II.B.1 requires an inmate to obtain a request to inspect public records "from the office or individual designated by the Warden of each institution ? ." In compliance with CPP 6.1 II.B.1, Warden Hart's memorandum of June 15, 2017, specifically designates the caseworkers as the persons from whom the medical records request form is to be obtained and requires that that specific form be used to request medical records.
Our office has consistently recognized that KRS 197.025(1) 1 vests the Commissioner, Department of Corrections, or his designee (such as Warden Hart), with broad, but not unfettered, discretion in determining when a threat is posed to the safety and security of the inmates, staff, and institution and to deny inmate access to records. 03-ORD-190, p. 5; 96-ORD-179. This office has recognized that KRS 197.025(1) "vests the commissioner [or his designee] with broad, although not unfettered, discretion to deny inmates access to records." 96-ORD-179, p. 3. We are not in the position to second guess Warden Hart or to conclude that the policy requiring inmates to use a specific form when requesting medical records was an abuse of this discretion. We find no violation by KSP in denying Appellant's requests based upon his failure to obtain the correct form from his caseworker, and his failure to use that form to request medical 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.
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