Opinion
Opinion By: Andy Beshear,Attorney General;James M. Herrick,Assistant Attorney General
Open Records Decision
This matter having been presented to the Office of the Attorney General in a premature open records appeal, and the Attorney General being sufficiently advised, we make no finding on the issue presented. That issue was not ripe for review at the time of the appeal.
On or about July 31, 2018, Northpoint Training Center ("NTC") inmate Uriah Pasha filled out a written request bearing that date for copies of certain letters he had submitted to various NTC staff members on July 30, 2018. The record on appeal shows that NTC received the request on August 6, 2018. On August 9, 2018, this office received an open records appeal from Mr. Pasha dated August 8, 2018, concerning that request. We find that the appeal was premature, adopting the reasoning of 11-ORD-073 (copy attached).
Since Mr. Pasha is an inmate confined in a penal facility, KRS 197.025(7) grants NTC five days, excluding weekends and legal holidays, to respond to his request. Because Mr. Pasha initiated his appeal before five business days had elapsed, and his appeal was therefore premature, we do not address the propriety of NTC's response, which was timely issued on August 10, 2018.
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 shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceeding.