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. The issue was not ripe for review at the time of the appeal.
On or about February 22, 2019, Kentucky State Reformatory ("KSR") inmate Johnny Phillips filled out a written request bearing that date, addressed to the Lee Adjustment Center ("LAC"), for copies of various records he specified in an attached list. Mr. Phillips states that he mailed the request to LAC on February 22, 2019, via the KSR inmate mail system.
On March 29, 2019, this office received an open records appeal from Mr. Phillips dated March 25, 2019, regarding that request. On April 3, 2019, attorney G. Edward Henry, II, responded to the appeal on behalf of LAC, stating that he had "confirmed with [LAC] that it did not receive the open records request of Mr. Phillips."
We find that the appeal was premature, adopting the reasoning of 11-ORD-073 (copy attached). Since Mr. Phillips is an inmate confined in a penal facility, KRS 197.025(7) grants a correctional institution five days from receipt, excluding weekends and legal holidays, to respond to his request. The limited record on appeal provides no basis to determine why LAC never received Mr. Phillips' request. In any event, Mr. Phillips initiated his appeal prior to receipt of his request by LAC, and his appeal was therefore premature.
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.