Opinion
Opinion By: Jack ConwayAttorney General;James M. HerrickAssistant 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 inmate James Harrison's appeal of Eastern Kentucky Correctional Complex's denial on September 17, 2014, of Mr. Harrison's request dated September 15, 2014, for a copy of a September 10 disciplinary report, is time-barred. KRS 197.025(3) provides:
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.
Although Mr. Harrison attaches copies of his subsequent correspondence with records custodian Sonya Wright, in which he disputes the disposition of his request, we are satisfied that the September 17 response constituted a final and appealable disposition: "Your request is denied. You request a disciplinary report for the date of September 10, 2014 by C/O Rose Settle # 486, against you and inmate Josh Orr for a category 3-15. I did a thorough search of your file and I found no disciplinary report on the date you requested, by the officer stated, or the category of the disciplinary [ sic ]. The OAG has concluded that a public agency is not obligated to compile a list or create a record to satisfy an open records request."
Mr. Harrison initiated his appeal of this denial on October 21, 2014. Because he is a person confined in a penal facility, and because he failed to perfect an appeal from EKCC's denial within twenty days, Mr. Harrison's appeal is untimely and we are foreclosed from rendering a decision on the issues raised. We find that 02-ORD-54, a copy of which is attached hereto and incorporated by reference, is controlling. See also 02-ORD-110; 03-ORD-007; 04-ORD-074.
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.