Opinion
Opinion By: Andy Beshear,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 inmate Charles Cavins' appeal of the Eastern Kentucky Correctional Complex's denial on May 23, 2017, of Mr. Cavins' request dated May 19, 2017, for certain "video footage of 4/27/17, and 5/11/17," 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.
Mr. Cavins' request was denied on May 23, 2017. His appeal of this denial was received June 14, 2017.
In addition, EKCC points out that Mr. Cavins had made a previous request dated April 27, 2017, covering part of the same subject matter, which the facility denied via responses on May 1 and 2, 2017. Therefore, EKCC states that any appeal should have been filed within twenty (20) days of May 2, 2017. This argument is well taken. See 14-ORD-054 (second request for same record does not revive expired appeal rights).
Because he is a person confined in a penal facility, and because he failed to perfect an appeal from the facility's denial within twenty days, Mr. Cavins' 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 must be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.