Request By:
David Nunn, # 131847
Eastern Kentucky Correctional Complex
200 Road to Justice
West Liberty, KY 41472-2140Tami Williams
Offender Records Custodian
Eastern Kentucky Correctional Complex
200 Road to Justice
West Liberty, KY 41472-2140Sharon Rose
Institution Coordinator
Eastern Kentucky Correctional Complex
200 Road to Justice
West Liberty, KY 41472-2140Emily Dennis
Staff Attorney
Justice and Public Safety Cabinet
Office of Legal Services
125 Holmes Street, 2nd Floor
Frankfort, KY 40601
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 David Nunn's appeal of Eastern Kentucky Correctional Complex's November 30, 2005, denial of Mr. Nunn's November 28, 2005, request for copies of his "2002 Marion Adjustment Center write-ups" 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, EKCC denied Mr. Nunn's request on November 30, 2005. Mr. Nunn initiated his appeal of this denial on January 5, 2006. Because he is a person confined in a penal facility, and because he failed to challenge EKCC's denial within twenty days, Mr. Nunn's appeal is untimely and we are foreclosed from rendering a decision on the issues raised. We find that 02-ORD-54, a copy of which is attached hereto and incorporated by reference, is controlling. See also, 02-ORD-110; 03-ORD-007; 04-ORD-074.
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.