23-ORD-051
March 8, 2023
In re: Alex Burdette/Eastern Kentucky Correctional Complex
Summary: The Eastern Kentucky Correctional Complex (“the
Complex”) did not violate the Open Records Act (“the Act”) when it
denied a request for a record that does not contain a specific reference
to the requesting inmate.
Open Records Decision
On January 23, 2023, inmate Alex Burdette (“Appellant”) requested to inspect
the Complex’s strip search log for 4:00 p.m. to 5:00 p.m. on January 12, 2023, “with
the names of inmates besides [the Appellant] redacted.” The Complex denied the
request because disclosure of the records “would constitute a threat to the security of
inmates, the institution, institutional staff, or others” under KRS 197.025(1). This
appeal followed.
On appeal, the Complex no longer relies on KRS 197.025(1) but instead cites
KRS 197.025(2), claiming the Appellant is not entitled to inspect the strip search log
because “it did not contain a specific reference to him on January 12, 2023.” Under
KRS 197.025(2), which is incorporated into the Act under KRS 61.878(1)(l), a
correctional facility need not produce records for an inmate’s inspection “unless the
request is for a record which contains a specific reference to that individual.” Here,
because the strip search log does not contain a specific reference to the Appellant on
the date specified in his request, the Complex did not violate the Act when it denied
his request.1
1
Because the Complex changed the exemption on which it relied in response to this appeal, the
Appellant has not challenged the Complex’s claim that the log does not contain a specific reference to
him. Presumably the Appellant believes that it does, given that he requested the log for a specific time
and date with all names but his own redacted. Regardless, whether the Appellant was actuallyA 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 within 30 days
from the date of this decision. 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 proceedings. The Attorney General will accept notice of
the complaint e-mailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/ James M. Herrick
James M. Herrick
Assistant Attorney General
#59
Distributed to:
Alex Burdette, #188519
Amy V. Barker, Esq.
Ms. Lydia C. Kendrick
Ms. Ann Smith
searched on the date specified in his request such that his name should appear in the log is a factual
question this Office is unable to adjudicate. See, e.g., 21-ORD-163.