23-ORD-139
June 20, 2023
In re: Eric Hermansen/Justice and Public Safety Cabinet
Summary: The Justice and Public Safety Cabinet (“the Cabinet”) did
not violate the Open Records Act (“the Act”) when it denied a request for
a record that does not contain a reference to the requesting inmate.
Open Records Decision
Inmate Eric Hermansen (“Appellant”) submitted to the Cabinet a request for
the Department of Correction’s “Religion Reference Manual.” The Cabinet denied the
request under KRS 61.878(1)(l) and KRS 197.025(2) because the requested record
does not specifically reference the Appellant. This appeal followed.
On appeal, the Cabinet reiterates that the requested record does not
specifically reference the Appellant. Under KRS 197.025(2), the Department of
Corrections, a department within the Cabinet, “shall not be required to comply with
a request for any record from any inmate confined in . . . any facility . . . unless the
request
is
for
a
record
which
contains
a
specific
reference
to
that
individual.”1 KRS 197.025(2) is incorporated into the Act through KRS 61.878(1)(l),
which exempts from inspection public records “the disclosure of which is prohibited
or restricted or otherwise made confidential by enactment of the General Assembly.”
This Office has historically interpreted “specific reference” to require a record
mention an inmate by name. See, e.g., 22-ORD-119; 22-ORD-087; 17-ORD-119; 09-
ORD-057; 03-ORD-150. Specifically, this Office has found a record does not contain a
“specific reference” to the requesting inmate under KRS 197.025(2) simply because it
1
Although KRS 197.025(2) states “the department,” i.e., the Department of Corrections, shall not
be required to comply with a request for a record that does not specifically reference the requesting
inmate, the Office has previously interpreted the exemption to apply to the Cabinet as well. See, e.g.,
12-ORD-129.is relevant to, pertains to, or personally affects him. See, e.g., 22-ORD-087; 17-ORD-
119; 17-ORD-073.
Here, the Cabinet states that “the Religion Reference Manual does not contain
a specific reference to [the Appellant].” Thus, under KRS 197.025(2), the Cabinet was
not required to provide the Appellant a copy of the manual and it did not violate the
Act when it denied his request.
A party aggrieved by this decision may appeal it by initiating an 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 emailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#206
Distributed to:
Eric Lloyd Hermansen #126673
Amy V. Barker
Lydia C. Kendrick
Ann Smith
Ed Baylous
Deanna Smith