09-ORD-230 | KOGC

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 this appeal, having been initiated only three (3) days after Eric Cunningham's open records request, exclusive of weekends and legal holidays, was brought prematurely under KRS 197.025(7). The Department of Corrections did not violate the Open Records Act by failing to respond within that time period. We believe that 99-ORD-102, a copy of which is attached hereto and incorporated by reference, is controlling.

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 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.

Eric Cunningham, # 151116Heather McManisStafford Easterling, Esq.

LLM Summary

The Attorney General's decision finds that the open records appeal was brought prematurely as it was initiated only three days after the open records request, excluding weekends and legal holidays. It follows the precedent set in 99-ORD-102 to conclude that the Department of Corrections did not violate the Open Records Act by not responding within that time period.

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