The Kentucky Attorney General issued the following open records and open meetings decisions last week:
1. 24-ORD-189 (In re: James William Gentry/Kentucky State Police)
Summary: The Kentucky State Police violated the Open Records Act when it failed to respond to a request made under the Act within five business days.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-189.pdf
2. 24-ORD-190 (In re: James O’Toole/Knox County Detention Center)
Summary: The Knox County Detention Center violated the Open Records Act when it failed to cite the specific exception authorizing the nondisclosure of public records. However, the Jail did not violate the Act when it denied a request for records posing a security threat under KRS 197.025(1).
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-190.pdf
3. 24-OMD-191 (In re: The College Heights Herald/Western Kentucky University Board of Regents)
Summary: The Western Kentucky University Board of Regents violated the Open Meetings Act when it failed to issue a written response to a complaint within three business days. The Office cannot find that the Board violated KRS 61.810(2) by holding a series of less-than-quorum meetings.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-OMD-191.pdf
4. 24-ORD-192 (In re: Nicholas Horne/Cabinet for Health and Family Services)
Summary: The Cabinet for Health and Family Services subverted the intent of the Open Records Act, within the meaning of KRS 61.880(4), when it delayed access to records for three months without proper justification.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-192.pdf
5. 24-ORD-193 (In re: Kristin Turner/Fayette County Public Schools)
Summary: The Fayette County Public Schools did not violate the Open Records Act when it denied a request for notes under KRS 61.878(1)(i).
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-193.pdf
6. 24-ORD-194 (In re: Uriah Pasha/Western Kentucky Correctional Complex)
Summary: The Office cannot find that the Western Kentucky Correctional Complex violated the Open Records Act because the Office cannot resolve the factual dispute between the parties.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-194.pdf
7. 24-ORD-195 (In re: Todd Loehnert/University of Louisville)
Summary: The University of Louisville did not violate the Open Records Act when it could not provide a record that does not exist. However, the University violated the Act when it failed to provide requested subcontracts pertaining to a construction project. The Act does not require a public agency to fulfill a request for information that does not describe public records to be inspected.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-195.pdf
