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 inmate Willie J. Stewart's appeal of Eastern Kentucky Correctional Complex's denial on December 19, 2014, of Mr. Stewart's request dated December 16, 2014, for a copy of "legal library logs signed by inmate Stewart," 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.
Although Mr. Stewart attaches copies of his open records requests he does not attach copies of EKCC's responses. On appeal, EKCC disputes Mr. Stewart's assertion that he did not receive EKCC's responses, attaching copies of those responses as proof of compliance with KRS 61.880(1).
Mr. Stewart initiated his appeal of this denial on January 12, 2015. Because he is a person confined in a penal facility, and because he failed to perfect an appeal from EKCC's denial within twenty days, Mr. Stewart'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.
Either party may appeal this decision 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.