The Kentucky Attorney General issued the following open records and open meetings decisions last week.
1. 20-OMD-172 (In re: Kyle T. Thompson/Frankfort Board of Commissioners)
Summary: The Frankfort Board of Commissioners engaged in conduct prohibited under the Open Meetings Act by conducting a series of less-than-quorum meetings, where the members attending collectively constituted a quorum and discussed public business. However, the record on appeal does not contain sufficient evidence to determine whether the Board intended to violate the Act.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-OMD-1…
2. 20-ORD-173 (In re: Rose Simpson/Nelson County Judge/Executive)
Summary: The Nelson County Judge/Executive did not violate the Open Records Act when it provided the requester a copy of all existing documents responsive to a request for jail records, including specific daily activity logs and inmate telephone logs. This Office cannot resolve a dispute relating to discrepancies between the records provided and those a requester believes did or should exist.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
3. 20-ORD-174 (In re: John C. Buckley IV/Northpoint Training Center)
Summary: Northpoint Training Center did not violate the Open Records Act when it denied an inmate's request for records that do not contain a specific reference to him, nor did the Center violate the Act when it denied inspection of nonexistent records.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
4. 20-ORD-175. (In re: Stephen McBride/City of Radcliff)
Summary: An agency's preliminary correspondence that does not deny a request to inspect records is not a "denial" within the meaning of KRS 61.880 until the statutory deadline to respond has expired.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
5. 20-ORD-176 (In re: Michael Vaughan/Eastern Kentucky Correctional Complex)
Summary: Eastern Kentucky Correctional Complex did not violate the Open Records Act when it sought to charge a reasonable fee for certain records.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
6. 20-OMD-177 (In re: Virginia Bland/Berea Human Rights Commission)
Summary: The Berea Human Rights Commission violated the Open Meetings Act when it failed to provide proper notification of an upcoming meeting to one of its Commissioners and instead attempted to email notice of that meeting to a Commissioner who had not previously consented to such email notification of Commission meetings.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-OMD-1…
7. 20-ORD-178 (In re: Uriah Pasha/Little Sandy Correctional Complex)
Summary: Little Sandy Correctional Complex did not violate the Open Records Act when it did not provide a record that does not exist.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
8. 20-ORD-179 (In re: Chris Hawkins/Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary did not violate the Open Records Act when it denied a request for a record that did not exist.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
9. 20-ORD-180 (In re: Dwayne Holman/Central City Police Department)
Summary: Central City Police Department violated the Open Records Act when it failed to issue a timely written response to a request for public records. The Department did not violate the Act when it denied a request for a record that did not exist.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
10. 20-ORD-181 (In re: John Shockley/Department of Corrections)
Summary: The Department of Corrections did not violate the Open Records Act when it denied a request for a record that does not exist.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
11. 20-ORD-182 (In re: Jeffrey Carpenter/Department of Corrections and Kentucky State Penitentiary)
Summary: Neither the Department of Corrections nor the Kentucky State Penitentiary violated the Open Records Act by not providing records to an inmate who had insufficient funds to pay for copies.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
