The Kentucky Attorney General issued the following open records decisions last week:
1. 22-ORD-088 (In re: Dawn Crawford/Department of Corrections)
Summary: The Department of Corrections violated the Open Records Act when it failed to respond timely to a request for records. The Department also violated the Act when it entirely withheld a record under KRS 197.025(1) and KRS 197.025(6) instead of separating exempt information from nonexempt information and providing the latter as required under KRS 61.878(4).
https://ag.ky.gov/Resources/orom/2022/22-ORD-088.pdf
2. 22-ORD-089 (In re: Roberto Ferdman/Louisville Metro Police Department)
Summary: The Louisville Metro Police Department violated the Open Records Act when it failed to respond to a request it received under the Act.
https://ag.ky.gov/Resources/orom/2022/22-ORD-089.pdf
3. 22-ORD-090 (In re: Deon’tae Williams/Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary did not violate the Open Records Act when it denied inspection of incident reports because inspection of such records could threaten the security of the Penitentiary.
https://ag.ky.gov/Resources/orom/2022/22-ORD-090.pdf
4. 22-ORD-091 (In re: Arthur Sewell/Kentucky State Police)
Summary: The Kentucky State Police did not violate the Open Records Act when it could not fulfill a request for records that do not exist within its possession.
https://ag.ky.gov/Resources/orom/2022/22-ORD-091.pdf
5. 22-ORD-092 (In re: Chad Heath/LaRue County Attorney)
Summary: The LaRue County Attorney did not violate the Open Records Act when he denied a request for records that do not exist in the County Attorney’s possession.
https://ag.ky.gov/Resources/orom/2022/22-ORD-092.pdf
6. 22-ORD-093 (In re: Chris Hawkins/Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary did not violate the Open Records Act when it did not provide copies of records that do not exist within its possession. To the extent that the Penitentiary has made other requested records available to the requester, issues related to those records are moot under 40 KAR 1:030 § 6.
https://ag.ky.gov/Resources/orom/2022/22-ORD-093.pdf
7. 22-ORD-094 (In re: Chad Heath/LaRue County Sheriff’s Office)
Summary: The LaRue County Sheriff’s Office did not violate the Open Records Act when it could not provide records that do not exist.
https://ag.ky.gov/Resources/orom/2022/22-ORD-094.pdf
