Opinion
Opinion By: Andy Beshear,Attorney General;Gordon Slone,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.
By request dated December 14, 2018, Kentucky State Penitentiary ("KSP") inmate Uriah Pasha filled out a written request for several records. 1 The record on appeal shows that KSP received the request on December 21, 2018. On December 26, 2018, this office received an open records appeal from Mr. Pasha, also dated December 21, 2018, concerning that request. Amy V. Barker, Assistant General Counsel, Justice and Public Safety Cabinet, responded on behalf of KSP on December 28, 2018. Ms. Barker stated that KSP has five calendar days, excepting Saturdays, Sundays, and legal holidays pursuant to KRS 197.025(7) to respond to the open records request. Accordingly, a response was not due until January 3, 2019, given the intervening weekends and holidays 2 and has not yet been completed. 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 not due until January 3, 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.
Footnotes
Footnotes
1 Appellant requested:
1. Authorized transfer form to transfer Uriah Pasha # 092028 10/24/2018;
2. The 10/26/2018 letter on KOMS from NTC Deputy Warden C. Craig Hughes to Uriah Pasha # 092028 (in reviewed documents on J-Pay; and
3. Uriah Pasha # 092028 Classification Appeal, the Response and Central Office response (Appeal dated 10/25/2018).