Opinion
Opinion By: Andy Beshear,Attorney General;Gordon Slone,Assistant Attorney General
Open Records Decision
The issue presented in this appeal is whether the Kentucky State Police ("KSP") violated the Open Records Act in its response to requests for records by an inmate. For the reasons stated below, we find this appeal untimely.
Background . Dayton Jones, an inmate incarcerated at Luther Luckett Correctional Complex, sent a letter to the KSP complaining that a transcriptionist had tampered with a witness interview transcript regarding criminal charges against Mr. Jones. Jeffery Steward, KSP investigator, investigated that complaint, but determined that it was unfounded. Contemporaneous with completion of the report for that complaint, Mr. Jones filed criminal complaints with the KSP against two investigators and two other persons. Mr. Steward investigated those complaints, but also determined those complaints to be unfounded. Mr. Jones then filed a criminal complaint against Mr. Steward regarding his investigations.
Open Records Requests and Appeal . Mr. Jones (hereafter "Appellant") subsequently sent seven (7) separate requests 1 for records to KSP regarding the investigations, and those individuals directly or indirectly involved in the various investigations and the criminal complaints he filed. The KSP Custodian of Records stamped the requests as received on August 7, 2018, and issued a response on August 13, 2018. 2 Appellant filed his appeal by letter dated September 17, 2018, which this office received on September 21, 2018.
KSP responded to the appeal on September 27, 2018, stating that it had subsequently provided Appellant with all available responsive records, and citing decisions of this office regarding records withheld on the basis of ongoing investigations and the nonexistence of other records. Because we find that the appeal is time-barred, as explained below, we will not further address KSP's response to the appeal.
Pursuant to KRS 197.025(3):
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.
Appellant is a person confined in a penal facility, and failed to perfect an appeal from KSP's denial within 20 days. Therefore, his appeal is untimely as to those requests and we are foreclosed from rendering a decision on the issues raised. 3 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 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.
Footnotes
Footnotes
1 KSP succinctly paraphrased these seven requests:1. Any and all correspondence between KSP Detective Jeffery Steward and KSP Captain John Dowdy pertaining to complaints filed by the Appellant;2. Any and all correspondence to or from Captain Dowdy that refer to the Appellant;3. Any correspondence sent to or received by KSP (Sgt.) Zach Jones pertaining to the criminal complaint filed by the Appellant;4. Any correspondence sent to or received by KSP Detective Steward that refers to the Appellant;5. Any correspondence sent or received by Kentucky State Police Legal Branch that refers to the Appellant;6. Any correspondence sent or received by Kentucky State Police Legal Branch that refers to the complaint the Appellant filed against Detective Steward; and7. Any correspondence sent to or received by Detective Steward pertaining to the criminal complaint filed by the Appellant.
2 We note that the response was issued one day past the three "business" day period permitted by KRS 61.880(1), which was a minor procedural violation.
3 Twenty days after August 13 would have been September 2, 2018. Appellant's appeal was dated September 17, fifteen (15) days late pursuant to KRS 197.025(3).