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 in an open records appeal, and the Attorney General being sufficiently advised, we find that William S. R. Moore, Jr.'s appeal of the City of Florence's March 8, 2005, disposition of Mr. Moore's January 26, 2005, request for "[a]udio tape # 2 - on/about 4-14-01 regarding a three-way phone call" 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 response upon which Mr. Moore's appeal is based, and included in the record on appeal, was issued by the City of Florence on March 8, 2005. Mr. Moore initiated this appeal on April 7, 2005. Because he is a person confined in a penal facility, namely Eastern Kentucky Correctional Complex, and because he failed to challenge the City's March 8 response within twenty days, Mr. Moore's appeal is untimely, and we are foreclosed from rendering an open records decision on the issues raised. We find that 04-ORD-074 and 04-ORD-132, 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.
William S. R. Moore, Jr., # 155987-EKDorm # 2A-Upper Cell 14Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472
Joseph A. Christofield, ClerkCity of Florence8100 Ewing BoulevardFlorence, KY 41042-7588
Hugh O. Skees, City Attorney7699 Ewing Blvd.Florence, KY 41042