14-ORD-202

14-ORD-202

October 3, 2014

In re:        John Buckley/Kentucky State Penitentiary

Summary:        Inmate open records appeal was time-barred because it was not filed within twenty days as required by KRS 197.025(3).

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 John Buckley’s appeal from the Kentucky State Penitentiary’s alleged denial of his request for telephone records of calls made by him is time-barred. Mr. Buckley submitted three essentially identical requests for records of phone calls made by him since May 6, 2014; these requests were made on July 16, July 22, and August 7, 2014. The July 16 request was denied on July 21, 2014.  The statutory deadline for initiating an appeal of that denial expired prior to August 12, 2014.  

        Mr. Buckley’s appeal, though undated, contains an attachment dated August 12, 2014, which conclusively establishes that it was not sent before that date.  The appeal was received in this office on September 4, 2014.  KRS 197.025(3) clearly states:

KRS 61.870 to 61.884 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.

Mr. Buckley cannot circumvent the twenty-day deadline set forth in KRS 197.025(3) by resubmitting the same request. He did not initiate an appeal of the denial of his first request for the phone records before the statutory deadline expired. We must therefore decline jurisdiction. See 14-ORD-076.

        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.

                                                Jack Conway

                                                Attorney General

                                                James M. Herrick

                                                Assistant Attorney General

#379

Distributed to:

John Buckley, #263956

Ms. Teresa Peters

Amy V. Barker, Esq.