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 December 14, 2018, Kentucky State Penitentiary ("KSP") inmate Uriah Pasha filled out a written request bearing that date for "Dr. Jernigan's physician's progress notes and the sick call slip and progress notes for 11/5/2018 concerning wool allergies." On December 26, 2018, this office received an open records appeal from Mr. Pasha dated and postmarked December 21, 2018, concerning that request. The record on appeal shows that KSP only received the request on December 21, 2018, the date Mr. Pasha mailed his appeal. 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 KSP 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 KSP's response, which was timely issued on January 3, 2019. 1
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.
Footnotes
Footnotes
1 Pursuant to Kentucky Personnel Cabinet Memorandum 17-14, December 24, 25, and 31, 2018, and January 1, 2019, were state holidays; accordingly, KSP had until January 3, 2019, to respond.