Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General, and the Attorney General being sufficiently advised, we find that Bradley Russell's appeal of the Frankfort Police Department's February 24, 2004 denial of Mr. Russell's February 18, 2004 request for disciplinary reports relating to Sergeant Robert Courtney is time-barred. KRS 197.025(3) provides:
KRS 61.880 to the contrary notwithstanding, all persons confined in a penal facility shall challenge any denial of an open record with the Attorney General by mailing or otherwise sending the appropriate documents to the Attorney General within twenty (20) days of the denial pursuant to the procedures set out in KRS 61.880(2) before an appeal can be filed in a Circuit Court.
As noted, the Frankfort Police Department denied Mr. Russell's request on February 24, 2004. Mr. Russell initiated his appeal of this denial on April 20, 2004. Because he is a person confined in a penal facility, and because he failed to challenge the Department's denial within twenty days, Mr. Russell's appeal is untimely, and we are foreclosed from rendering a decision on the issues raised. We find that 02-ORD-54, 02-ORD-110, and 03-ORD-007, copies of which are attached hereto and incorporated by reference, are controlling.
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.
Bradley Russell, # 106794Northpoint Training CenterP.O. Box 479, Dorm # 6Burgin, KY 40310
Chief Ted EvansFrankfort Police DepartmentP.O. Box 697-40602Frankfort, KY 40602
Rob Moore, City AttorneyHazelrigg & CoxP.O. Box 676Frankfort, KY 40602