Skip to main content

Opinion

Opinion By: Andy Beshear,Attorney General;James M. Herrick,Assistant Attorney General

Open Records Decision

This matter having been presented to the Office of the Attorney General in a premature open records appeal, and the Attorney General being sufficiently advised, we make no finding on the issue presented. That issue was not ripe for review at the time of the appeal.

On or about July 31, 2018, Northpoint Training Center ("NTC") inmate Uriah Pasha filled out a written request bearing that date for copies of certain letters he had submitted to various NTC staff members on July 30, 2018. The record on appeal shows that NTC received the request on August 6, 2018. On August 9, 2018, this office received an open records appeal from Mr. Pasha dated August 8, 2018, concerning that request. We find that the appeal was premature, adopting the reasoning of 11-ORD-073 (copy attached).

Since Mr. Pasha is an inmate confined in a penal facility, KRS 197.025(7) grants NTC five days, excluding weekends and legal holidays, to respond to his request. Because Mr. Pasha initiated his appeal before five business days had elapsed, and his appeal was therefore premature, we do not address the propriety of NTC's response, which was timely issued on August 10, 2018.

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 shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceeding.

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Uriah Pasha
Agency:
Northpoint Training Center
Type:
Open Records Decision
Lexis Citation:
2018 Ky. AG LEXIS 190
Cites:
Neighbors

Support Our Work

The Coalition needs your help in safeguarding Kentuckian's right to know about their government.