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 November 28, 2018, Kentucky State Reformatory ("KSR") inmate Jeffery Dudgeon filled out a written request bearing that date for copies of all records relating "to the cashier's check sent to KSR's Librarian on [ sic ] accident by my mother with a donation of CDs for the inmate library." The stamped copy of Mr. Dudgeon's request, submitted into the record by KSR, shows that the KSR Records office actually received the request on December 21, 2018, although Mr. Dudgeon claims to have submitted it on November 30, 2018. On December 19, 2018, this office received an open records appeal from Mr. Dudgeon dated December 13, 2018, and postmarked December 17, 2018, regarding that request. We find that the appeal was premature, adopting the reasoning of 11-ORD-073 (copy attached).
Since Mr. Dudgeon is an inmate confined in a penal facility, KRS 197.025(7) grants KSR five days, excluding weekends and legal holidays, to respond to his request. Because Mr. Dudgeon initiated his appeal before five business days had elapsed from the facility's receipt of his request, 1 and his appeal was therefore premature, we do not address the propriety of KSR's response, which was timely issued on January 2, 2019. 2
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.
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