Opinion
Opinion By: Albert B. Chandler III, Attorney General; Ryan M. Halloran, Assistant Attorney General
Open Records Decision
This is an appeal under the Open Records law by Mr. Sherman Ellis contesting the failure of the Jefferson County Detention Center to respond to his Open Records Request for verification of his jail time. The appeal was received in this office on February 13, 2002. Mr. Ellis made the request on an Open Records form dated January 24, 2002. This office sent notice to the parties of the receipt of the appeal on February 20, 2002. On February 22, 2002, the detention center responded by facsimile and stated that Mr. Ellis' request had not been received until February 19, 2002. The response also indicated that the records that Mr. Ellis had requested had been sent to him and attached the detention records showing his dates of detention as well as a notarized form entitled "Verification of Incarceration." Because Mr. Ellis' request has been granted, his Open Records Appeal to this office is moot. Mr. Ellis also requests a "$ 25.00 overdue charge" because of the initial failure to respond to his request. The power to impose penalties resides exclusively with the circuit court upon the filing of a legal action in accordance with KRS 61.882.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.
Sherman Ellis, # 145908200 Road to JusticeWest Liberty, KY 41472
Hon. Suzanne Cordery, General CounselJefferson County Corrections400 South Sixth StreetLouisville, KY 40202
Debbie Metz, Legal CoordinatorJefferson County Corrections400 South Sixth StreetLouisville, KY 40202