The following Kentucky Attorney General Open Records Decisions were issued last week:
1. 20-ORD-139 (In re: The New York Times/Louisville Metro Government Agencies)
Summary: Louisville Metro Government agencies did not violate the Open Records Act in denying a request to inspect records related to an ongoing and active police investigation. However, the Louisville Metro Police Department and Louisville Metro Department of Corrections violated the Act in failing to issue timely responses to requests to inspect records.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
2. 20-ORD-140 (In Re: Ben Richard/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…
3. 20-ORD-141 (In re: Donald Hall/Luther Luckett Correctional Complex)
Summary: Luther Luckett Correctional Complex did not violate the Open Records Act in requiring an inmate to use prescribed forms to request public records.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
4. 20-ORD-142 (In re: Jacob Ryan/Louisville Metro Police Department)
Summary: Louisville Metro Police Department ("Department") failed to respond to an open records request within the statutory time period. The Department met its burden to show that Incident Action Plans were "antiterrorism protective measures and plans" under KRS 61.878(1)(m)1.c and that their disclosure would have a reasonable likelihood of threatening public safety by exposing vulnerabilities in the Department's potential response to protests that turn violent. The Department did not violate the Open Records Act by failing to provide records that did not exist.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
5. 20-ORD-143 (In re: David C. Emerson/University of Kentucky Alumni Association)
Summary: Even if the University of Kentucky Alumni Association is a public agency subject to the Open Records Act, it was not required to comply with a request seeking information as opposed to existing public records.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
6. 20-ORD-144 (In re: Richard Turpin/Luther Luckett Correctional Complex)
Summary: Luther Luckett Correctional Complex did not violate the Open Records Act in denying a request for probation and parole records. The Complex discharged its duty under the Act to inform the requester that it was not the custodian of records for Sex Offender Treatment Program records.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
7. 20-ORD-145 (In re: Leon Hibbard/Luther Luckett Correctional Complex)
Summary: Luther Luckett Correctional Complex did not violate the Open Records Act by not providing an inmate copies of photographs that posed a security risk under KRS 197.025(1).
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
