23-ORD-252
September 19, 2023
In re: William Aucott/ Northpoint Training Center
Summary: The Northpoint Training Center (“the Center”) did not
violate the Open Records Act (“the Act”) when it did not provide records
that are exempt from disclosure under federal law.
Open Records Decision
On August 3, 2023, inmate William Aucott (“Appellant”) requested copies of
“all documentation” relating to a Prison Rape Elimination Act (“PREA”) complaint he
had filed against the Center in 2019. The Center denied the request because records
relating to PREA complaints and investigations are confidential and exempt from
disclosure under KRS 61.878(1)(k), 28 C.F.R. § 115.61(b), and Corrections Policy and
Procedure (“CPP”) 14.7(II)(J). This appeal followed.
The Appellant claims that, as “the Victim,” he has the right to obtain records
relating to a PREA complaint made by him. He is incorrect. Under 28 C.F.R.
§ 115.61(b), a federal regulation incorporated into the Act by KRS 61.878(1)(k),
“[a]part from reporting to designated supervisors or officials, staff shall not reveal
any information related to a sexual abuse report to anyone other than to the extent
necessary, as specified in agency policy, to make treatment, investigation, and other
security and management decisions.” Under 28 C.F.R. § 115.73, the complaining
inmate has the right to be informed “as to whether the allegation has been
determined to be substantiated, unsubstantiated, or unfounded.” But the inmate has
no right to obtain copies of records relating to the allegation. See 18-ORD-206 (finding
that records relating to PREA complaints and investigations are confidential except
for the purposes specified in 28 C.F.R. § 115.61(b)). Therefore, the Center did not
violate the Act when it denied the Appellant’s 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/ James M. Herrick
James M. Herrick
Assistant Attorney General
#376
Distributed to:
William Aucott, #132419
Edward Baylous, Esq.
Ms. Sara Pittman
Ms. Ann Smith