13-ORD-103 | KOGC

Opinion

Opinion By: Jack Conway, Attorney General; James M. Herrick, 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 Tommy Southard's appeal of the Kentucky State Reformatory's March 20, 2013, and April 8, 2013, dispositions of Mr. Southard's March 18, 2013, request for "a list/record of dates of all visits from Kayla Southard, Lewis Renfro & Kim Renfro between January 1, 2005 & January 1, 2012" and his April 8, 2013, request for a "copy of my Inmate Visitation History from my current Incarceration from November 1, 2008 through February 27, 2010, at the Kentucky State Reformatory" 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, KSR disposed of Mr. Southard's requests on March 20, 2012, and April 8, 2013, respectively. Mr. Southard initiated his appeal from these two dispositions on May 24, 2013. Because he is a person confined in a penal facility, and because he failed to challenge KSR's dispositions within twenty days, Mr. Southard'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.

Distributed to:

Mr. Tommy Southard, # 159170Mr. William MustageAmy V. Barker, Esq.

LLM Summary

The decision finds Tommy Southard's appeal regarding his open records requests to the Kentucky State Reformatory to be time-barred. The appeal was not filed within the required twenty-day period following the denial of his requests, as mandated for persons confined in a penal facility. The decision relies primarily on the precedent set by 02-ORD-054, which is deemed controlling, and also references other decisions for additional support.

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