25-ORD-078
March 24, 2025
In re: Stephanie Eng/Department of Corrections
Summary: The Department of Corrections (“the Department”) did not
violate the Open Records Act (“the Act”) when it denied a request that
did not state the manner in which the requester was a resident of the
Commonwealth of Kentucky.
Open Records Decision
On February 6, 2025, Dr. Stephanie Eng (“the Appellant”), who is located in
New York, made a request to the Department for the medication formularies of the
Kentucky State Penitentiary and the Little Sandy Correctional Complex. In a timely
response, the Department denied the request on the grounds that the requested
records were “confidential and proprietary” under KRS 61.878(1)(c)1. This appeal
followed.
On appeal, the Department asserts KRS 61.872(2)(a) as an alternative basis
for denial of the request. Under KRS 61.872(2)(a), only a “resident of the
Commonwealth” has the right to inspect public records. Further, “[t]he official
custodian may require the applicant to provide a statement in the written application
of the manner in which the applicant is a resident of the Commonwealth under
KRS 61.870(10)(a) to (f).” Id. “Resident of the Commonwealth” is defined as:
(a) An individual residing in the Commonwealth;
(b) A domestic business entity with a location in the Commonwealth;
(c)
A foreign business entity registered with the Secretary of State;
(d) An individual that is employed and works at a location or locations
within the Commonwealth;
(e)
An individual or business entity that owns real property within the
Commonwealth;
(f)
Any individual or business entity that has been authorized to act
on behalf of an individual or business entity defined in paragraphs
(a) to (e) of this subsection; or(g) A news-gathering organization as defined in KRS 189.635(9)(b)1. a.
to e.
KRS 61.870(10). Here, the Appellant did not provide a written statement of the
manner in which she qualifies as a resident of the Commonwealth.1 Accordingly, the
Department did not violate the Act when it denied the Appellant’s request.2
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.
Russell Coleman
Attorney General
/s/ James M. Herrick
James M. Herrick
Assistant Attorney General
#85
Distribution:
Stephanie Eng, M.D.
Michelle D. Harrison, Esq.
Ms. Renee Day
Ms. Ann Smith
1
It is not apparent from the face of her request how any provision of KRS 61.870(10) applies to the
Appellant.
2
Because KRS 61.872(2)(a) is dispositive of this appeal, it is unnecessary to address the
Department’s alternative argument under KRS 61.878(1)(c)1.