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25-ORD-069

March 20, 2025

In re: Ben W. Richard, Jr./Department of Corrections

Summary: The 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 requesting inmate.

Open Records Decision

Inmate Ben W. Richard, Jr. (“Appellant”) submitted a request to the
Department for records related to the “Federal Mandated Legal Aid Program.”
Specifically, the Appellant requested data “relating to” the funding of four specified
Department programs. The Department denied the request under KRS 61.878(1)(l)
and KRS 197.025(2) because the records do not contain a specific reference to the
Appellant. 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 records related to the “Federal Mandated
Legal Aid Program,” 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

#079

Distributed to:

Ben W. Richard, Jr. #199197
Michelle Harrison
Renee Day
Ann Smith

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Ben W. Richard, Jr.
Agency:
Department of Corrections
Type:
Open Records Decision
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