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, the office makes no finding on the issue presented. That issue was not ripe for review at the time of the appeal.
On or about March 1, 2019, Kentucky State Penitentiary inmate Brian Edmonds filled out written requests bearing that date, addressed to Acting Commissioner Jon Grate and Deputy Commissioner Kim Potter-Blair of the Department of Corrections ("DOC"), for copies of a February 19, 2019, letter "Inmate Brian Edmonds wrote to your office" and the response thereto. The stamped copy of Mr. Edmonds' request, submitted into the record by DOC, shows that DOC received the request addressed to Mr. Grate on March 4, 2019, 1 whereas DOC has no record of ever having received the request addressed to Ms. Potter-Blair prior to this appeal.
On March 13, 2019, this office received an open records appeal from Mr. Edmonds dated March 10, 2019, regarding those requests. We find that the appeal was premature, adopting the reasoning of 11-ORD-073 (copy attached). Since Mr. Edmonds is an inmate confined in a penal facility, KRS 197.025(7) grants DOC five days, excluding weekends and legal holidays, to respond to his request. Mr. Edmonds initiated his appeal before five business days had elapsed from DOC's receipt of his request, 2 and his appeal was therefore premature. The Attorney General is foreclosed from reviewing the appeal.
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.
Andy Beshear
Attorney General
James M. Herrick
Assistant Attorney General
Footnotes
Footnotes