The Kentucky Attorney General issued the following open records and open meetings decisions last week:
1. 21-ORD-084 (In re: William Blanton/Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary 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.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-0…
2. 21-ORD-085 (In re: Carlos Thurman/Northpoint Training Center)
Summary: The Northpoint Training Center did not violate the Open Records Act when it did not provide a record that does not exist in its possession.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-0…
3. 21-OMD-086 (In re: Patrick Lance/Campbell County Board of Education)
Summary: The Campbell County Board of Education did not violate the Open Meetings Act when it held closed sessions to discuss the potential purchase of real estate and proposed or pending litigation. Furthermore, the Board did not violate the Act when it held certain meetings by video teleconference. The Act does not require a public agency to post its minutes, or video recordings of its meetings, to its website.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-OMD-0…
4. 21-ORD-087 (In re: Brian Beckham/Board of Alcohol and Drug Counselors)
Summary: The Board of Alcohol and Drug Counselors violated the Open Records Act when it denied a request to inspect records that it claimed protected by the attorney-client or work product privilege without sufficiently describing the records it withheld. On appeal, however, the Board provided the necessary description to justify its reliance on the attorney-client and work product privileges applied to withhold the records. The Board did not violate the Act when it withheld records that were part of an ongoing administrative investigation. The Board is not required under the Act to provide information or to provide records that do not exist.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-0…
5. 21-ORD-088 (In re: Chris Hawkins/Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary did not violate the Open Records Act when it denied a request to inspect records that are preliminary under KRS 61.878(1)(j) and records that are exempt from inspection under the Prison Rape Elimination Act. The Penitentiary also did not violate the Act when it denied a request to inspect records that do not exist within its possession.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-0…
6. 21-ORD-089 (In re: Michael P. Abate/Louisville Metro Government)
Summary: Louisville Metro Government did not violate the Open Records Act when it denied a request to inspect the first draft of a report related to an internal agency review.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-0…
