Opinion
Opinion By: Jack Conway, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
Durand E. Murrell appeals Northpoint Training Center's July 23, 2014, denial of his July 22, 2014, request for copies of his parole supervision notes. 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.
Mr. Murrell submitted his appeal of NTC's July 23 denial of his July 22 request on August 18, 2014. Twenty-six days elapsed between the date of the denial and the date on which Mr. Murrell initiated this appeal. His appeal is therefore time-barred.
This decision finds support in 02-ORD-054, a copy of which is attached. Here, as in 02-ORD-054, Mr. Murrell attempted to initiate an open records appeal within the statutorily mandated time frame but failed to furnish this office with "the appropriate documents . . . pursuant to the procedures set out in KRS 61.880(2)." KRS 197.025(3). This office promptly notified Mr. Murrell that his appeal was deficient. He did not resubmit the appropriate documents until August 18, 2014, six days after the deadline expired. The twenty day deadline for submission to the Attorney General of "the appropriate documents . . . pursuant to the procedures set out in KRS 61.880(2)" is not "tolled" during the period of time that elapses between submission of a deficient appeal and submission of an appeal correcting these deficiencies. A rule of strict compliance applies to tardy appeals.
Johnson v. Smith, 885 S.W.2d 944 (Ky. 1994);
City of Devondale v. Stallings, 795 S.W.2d 954 (Ky. 1990). Such appeals are subject to automatic dismissal. 12-ORD-121.
Mr. Murrell's appeal includes documents reflecting his subsequent attempts to persuade NTC's records custodian that she improperly denied his July 22 request and his submission of later requests for his parole supervision records. He cannot revive a time-barred appeal by submitting an identical request for the same records, but bearing a later date, to NTC. 14-ORD-076. Mr. Murrell did not initiate an appeal of the denial of his July 22 request before the statutorily mandated deadline expired. We must, therefore, decline jurisdiction.
Either party may appeal this decision by initiating action in the appropriate circuit court under 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:
Durand E. MurrellCindy SanchezAmy V. Barker