Opinion
Opinion By: Jack Conway, 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 Charles Sauter's undated open records appeal is time barred pursuant to KRS 197.025(3) 1 as construed in 02-ORD-054. A copy of that decision is enclosed and its reasoning adopted in full. Assuming, for the sake of argument, that Mr. Sauter's appeal was not time barred, the issue presented was largely mooted by disclosure of all requested records save one pursuant to 40 KAR 1:030 Section 6. 2 Disclosure of the single document withheld was properly deemed by KSR to constitute a threat to security pursuant to KRS 197.025(1) 3 as construed in 05-ORD-101. A copy of that decision is enclosed and its reasoning adopted in full.
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.
Distributed to:
Charles Sauter, # 139805Bridget FergusonAmy V. Barker
Footnotes
Footnotes
1 KRS 197.025(3) states:
KRS 61.870 to 61.884 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.
2 40 KAR 1:030 Section 6 provides:
If the requested documents are made available to the complaining party after a complaint is made, the Attorney General shall decline to issue a decision in the matter.
3 KRS 197.025(1) states:
KRS 61.870 to 61.884 to the contrary notwithstanding, no person shall have access to any records if the disclosure is deemed by the commissioner of the department or his designee to constitute a threat to the security of the inmate, any other inmate, correctional staff, the institution, or any other person.