Opinion
Opinion By: Jack Conway, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General pursuant to KRS 61.880(2), and the Attorney General being sufficiently advised, we decline to consider Uriah Pasha's June 25, 2013, open records complaint because the complaint does not conform to KRS 61.880(2), "requiring the submission of a written request to the public agency and the public agency's written denial, if the agency provided a denial." 40 KAR 1:030 Section 1. Mr. Pasha provided this office with a copy of his request, which reached Kentucky State Penitentiary on June 18, 2013, but failed to include a copy of KSP's written response. That response, a copy of which was attached to KSP's supplemental response, is dated June 19, 2013, well in advance of the expiration of the five day response time authorized under KRS 197.025(7), and Mr. Pasha acknowledged receipt of same by affixing his signature to a copy. 1 His failure to include a copy of that response precludes consideration of the issues presented. Those issues, we note in passing, are only appropriate for consideration by the courts or the General Assembly.
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.
Distributed to:
Uriah M. Pasha, # 092028Teresa PetersAmy V. Barker
Footnotes
Footnotes