The Kentucky Attorney General issued the following open records and open meetings decisions last week:
1. 21-OMD-134 (In re: J. Albert Harrison/Oldham County Fiscal Court)
Summary: The Oldham County Fiscal Court violated the Open Meetings Act when it failed to issue a written response to a complaint within three business days. However, the Fiscal Court did not violate the Act when its members attended and spoke at a meeting of a professional trade association. Furthermore, insufficient evidence exists to find that the Fiscal Court violated the Act by holding a series of less-than- quorum meetings by telephone with the intent to avoid the requirements of the Act.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-OMD-1…
2. 21-ORD-135 (In re: Alysia Santo/Kentucky State Police)
Summary: The Kentucky State Police violated the Open Records Act when it denied a request that precisely identified public records sought to be inspected. KSP has not carried its burden that a search for the requested records would be unduly burdensome.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
3. 21-ORD-136 (In re: Larry Stallard/Richmond Police Department)
Summary: The Richmond Police Department violated the Open Records Act when it failed to give a detailed explanation of the cause for its delay in providing access to investigative files. The Department also subverted the intent of the Act by claiming that it required nearly eight months to process the request. The Department further violated the Act by failing to explain the application of exceptions to the Act and failed to meet its burden of proof that records were exempt from inspection.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
4. 21-ORD-137 (In re: Christopher Hawkins/Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary did not violate the Open Records Act when it denied a request for records related to a Prison Rape Elimination Act investigation, or when it denied inspection of records related to an event still under investigation. The Office cannot decide factual disputes regarding whether additional records responsive to a request should exist.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
