The Kentucky Attorney General issued the following open records and open meetings decisions last week:
1. 21-OMD-226 (In re: Robert J. Flaherty/City of Crescent Springs)
Summary: The City of Crescent Springs violated the Open Meetings Act when it failed to issue a timely response to a complaint. However, the City did not violate the Act when members of the City Council commented on a post published to a Facebook group.
https://ag.ky.gov/Resources/orom/2021/21-OMD-226.pdf
2. 21-ORD-227 (In re: Michelle Nance/Woodford County Board of Education)
Summary: The Woodford County Board of Education did not violate the Open Records Act when it denied a request to inspect a record protected by the attorney- client privilege.
https://ag.ky.gov/Resources/orom/2021/21-ORD-227.pdf
3. 21-ORD-228 (In re: Michelle Oney/Elliott County Clerk's Office)
Summary: The Elliott County Clerk's Office violated the Open Records Act when it failed to provide records within five business days and did not properly invoke KRS 61.872(5). The Clerk's Office subverted the intent of the Act within the meaning of KRS 61.880(4) when it imposed an excessive fee for processing a request. However, the Clerk's Office's unintentional initial misdirection of the requester did not amount to subversion within the meaning of KRS 61.880(4).
https://ag.ky.gov/Resources/orom/2021/21-ORD-228.pdf
4. 21-ORD-229 (In re: Joshua Orr/Eastern Kentucky Correctional Complex)
Summary: The Eastern Kentucky Correctional Complex did not violate the Open Records Act when it did not provide records that do not exist or records deemed a security risk under KRS 197.025(1).
https://ag.ky.gov/Resources/orom/2021/21-ORD-229.pdf
5. 21-ORD-230 (In re: Kyle Thompson/Hardin Circuit Court Clerk)
Summary: The Open Records Act does not apply to records of the Hardin Circuit Court Clerk.
https://ag.ky.gov/Resources/orom/2021/21-ORD-230.pdf
6. 21-ORD-231 (In re: Gia Wright/Kentucky Department of Fish and Wildlife Resources)
Summary: The Kentucky Department of Fish and Wildlife Resources did not carry its burden to show that KRS 61.878(1)(h) allowed it to deny a request for records. However, the Department did not violate the Open Records Act when it denied inspection of the records under KRS 61.878(1)(i).
https://ag.ky.gov/Resources/orom/2021/21-ORD-231.pdf
7. 21-ORD-232 (In re: Lynette Warner/Graves County School District)
Summary: The Graves County School District did not violate the Open Records Act when it did not provide records that did not exist at the time it received a request to inspect such records. This Office lacks jurisdiction over the Appellant's Open Meetings Act appeal because her complaint does not comply with KRS 61.846.
