Opinion
Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Hickman County Detention Center violated the Kentucky Open Records Act in denying Jeremy Henley's March 20, 2014, request for "A vegan menu for the inmates at in [sic] the Hickman Co. Detention Center," permission to inspect "the dieticians [sic] order for a vegan menu here at the Hickman Co. Detention Center," and "how many calories are prescribed in the vegan menu per vegan caloric diet." Jailer Chad Frizzell responded 1 on the same day via handwritten note on the bottom of the request, advising Mr. Henley that, "The Vegan Diet is a privelege [sic] and not a right. Copies cost 10 [cents] per page." By letter dated April 25, 2014, Mr. Henley initiated this appeal. Responding on behalf of HCDC, Mr. Frizzell maintained that Mr. Henley was "not entitled to the information requested, pursuant to KRS 197.025(2)." In addition, HCDC noted that Mr. Henley was denied permission to proceed in forma pauperis in Hickman Circuit Court on May 1, 2014, and should therefore be required to prepay for copies. Finally, HCDC asserted that Mr. Henley's appeal was untimely insofar as he received a written response on March 20, 2014, but initiated his appeal more than a month later on April 25, 2014. Although existing legal authority validates the agency's belated invocation of KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), 2 and its position regarding prepayment for copies, further analysis of this argument is unnecessary as HCDC is also correct in asserting that Mr. Henley's appeal is time-barred.
Pursuant to KRS 197.025(3), upon which HCDC implicitly relied:
KRS 61.880 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.
Because Mr. Henley is a person confined in a penal facility and he failed to challenge the March 20, 2014, disposition of his request within 20 days, the Attorney General is precluded from addressing the merits of his appeal. See 06-ORD-060 (adopting 02-ORD-54 and holding that inmate appeal challenging denial by Pulaski County Detention Center of his request was time-barred under KRS 197.025(3) as it was not filed within 20 days of the denial).
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:
Jeremy Henley, # 260990Chad FrizzellSue Ellen Morris
Footnotes
Footnotes