24-ORD-277
December 23, 2024
In re: Demetrious Brown/Kentucky Department of Corrections
Summary:
The
Kentucky
Department
of
Corrections
(the
“Department”) did not violate the Open Records Act (“the Act”) when it
denied a request for records that do not contain a specific reference to
the inmate requestor.
Open Records Decision
Inmate Demetrious Brown (“Appellant”) submitted a two requests to the
Department seeking “MP3 Memo[s]” dated June 12 and June 21, 2024. The
Department denied both requests because “[t]he record[s] [he] requested do[ ] not
contain a specific reference to” him and are “exempt from disclosure to [him] under
KRS 61.878(1)(l) and KRS 197.025(2).” This appeal followed.
Under KRS 197.025(2), which is incorporated into the Act by KRS 61.878(1)(l),
the Department of Corrections “shall not be required to comply with a request for any
record from any inmate confined in a jail or any facility . . . unless the request is for
a record which contains a specific reference to that individual.” The Office has held
that the phrase “specific reference to that individual” requires the record to refer to
the requesting inmate by name. See, e.g., 23-ORD-347; 17-ORD-073. Specifically, the
Office has found a record does not contain a “specific reference” to a requesting inmate
under KRS 197.025(2) simply because it is relevant to, pertains to, or personally
affects him. See, e.g., 22-ORD-087; 17-ORD-119; 17-ORD-073.
On appeal, the Department affirms that the requested records do not contain
a “specific reference to the Appellant.” Thus, under KRS 197.025(1), the Department
was not required to provide the Appellant a copy of the “MP3 Memo,” 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 under KRS 61.880(5) and KRS 61.882 within 30 days from
the date of this decision. Under 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.
Russell Coleman
Attorney General
/s/ Matthew Ray
Matthew Ray
Assistant Attorney General
#489
Distributed to:
Demetrious Brown #242120
Michelle Harrison, Executive Advisor, Justice and Public Safety Cabinet
Renee Day, Paralegal, Justice and Public Safety Cabinet
Ann Smith