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 Fayette Vanderford's appeal of Eastern Kentucky Correctional Complex's denial of his September 19, 2005, request for a specified video recording from the basement control camera at Kitchen Gate 29-A-04, 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 document 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.
EKCC denied Mr. Vanderford's request by letter dated September 20, 2005. Mr. Vanderford initiated his appeal of EKCC's denial by letter dated October 12, 2005, but received in this office on October 18, 2005. Some twenty-eight days elapsed between the date of EKCC's denial and the date Mr. Vanderford initiated this appeal. Mr. Vanderford's appeal is therefore untimely, and we are foreclosed from rendering a decision. We find that 02-ORD-54, a copy of which is attached hereto and incorporated by reference, is 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.
Fayette Vanderford, # 163832Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472
Sonya WrightOffender Records CustodianEastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472
Emily DennisStaff AttorneyJustice and Public Safety CabinetOffice of Legal Services125 Holmes Street, 2nd FloorFrankfort, KY 40601