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 Charon T. Anderson's September 18, 2013, appeal from Western Kentucky Correctional Complex's disposition of her August 13, 2013, request for a copy of her resident record card is time-barred by KRS 197.025(3). Western Kentucky Correctional Complex responded to Ms. Anderson's request on August 19, 2013. 1 Her letter of appeal is dated September 18, 2013.
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.
Ms. Anderson's open records appeal to the Kentucky Attorney General was not mailed within the statutorily mandated twenty days of WKCC's denial. We therefore decline jurisdiction. Accord 12-ORD-072; 13-ORD-014.
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:
Charon T. Anderson, # 177122Wendy HigginsAmy V. Barker
Footnotes
Footnotes