The following Kentucky Attorney General Open Records Decisions were issued last week.
1. 20-ORD-110 (In re: Sarah Farley/Lexington Police Department)
Summary: Lexington Police Department violated the Open Records Act by failing to explain the application of claimed exemptions, as required by KRS 61.880(1), and by withholding a complaint and attachment to the complaint.
https://ag.ky.gov/Priorities/Government-Transparency/orom/Pages/2020-OR…
2. 20-ORD-111 (In re: James Barnett/Kentucky State Police)
Summary: Kentucky State Police violated the Open Records Act by failing to make final disposition of an open records request within three business days.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
3. 20-ORD-112 (In re: Paul Strong/Jefferson Circuit Court Clerk)
Summary: Because he is not bound by the provisions of the Open Records Act, the Jefferson Circuit Court Clerk did not violate the Act in the disposition of a request for records.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
4. 20-ORD-113 (In re: Kris Carlson/Department of Corrections)
Summary: The Department of Corrections cannot produce nonexistent records for inspection or copying nor does DOC have to "prove a negative" to refute an unsubstantiated claim that certain records were created or currently exist. DOC discharged its duty under the Open Records Act by conducting a reasonable search for the records in dispute and explaining that no responsive records exist.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
5. 20-ORD-114 (In re: Scott Horn/Lexington Police Department)
Summary: Lexington Police Department violated the Open Records Act by failing to state affirmatively that it searched for responsive records upon receipt of a request. The Department did not violate the Act in denying a request to inspect records that are exempt under KRS 61.878(1)(h).
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
6. 20-ORD-115 (In re: The Cincinnati Enquirer/Boone County School District)
Summary: The Boone County School District violated the Open Records Act because the subject documents are "public records" within the meaning of the Act and the District failed to assert that any authorized the District to deny inspection.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
7. 20-ORD-116 (In re: Bret Walker/Louisville Metro Government)
Summary: Louisville Metro Government subverted the intent of the Open Records Act by requiring a certification of commercial purpose despite the fact that the requestor had stated that his purpose was noncommercial.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
