The Kentucky Attorney General issued the following open records and open meetings decisions last week:
1. 24-ORD-108 (In re: Saeid Shafizadeh/Jefferson County Commonwealth’s Attorney)
Summary: The Jefferson County Commonwealth’s Attorney violated the Open Records Act when she denied a request for records without explaining how the claimed exemption applied to the records withheld.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-108.pdf
2. 24-ORD-109 (In re: Caleb Ballard/Christian County Public Schools)
Summary: Christian County Public Schools subverted the Open Records Act when it originally imposed a fee for copies of electronic records beyond the actual cost of reproduction, but has since corrected the violation by providing the records free of charge. CCPS did not violate the Act when it provided records redacted in accordance with KRS 61.878(1)(k) and the Family Educational Right to Privacy Act in lieu of providing the original records. The Office cannot resolve the factual dispute between the parties about whether a CCPS employee was present to permit a requester’s inspection of records in-person.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-109.pdf
3. 24-ORD-110 (In re: James Barnett/Luther Luckett Correctional Complex)
Summary: The Luther Luckett Correctional Complex did not violate the Open Records Act when it denied a request for records that do not contain a specific reference to the requesting inmate.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-110.pdf
4. 24-ORD-111 (In re: Scott Romano/Scott County Attorney’s Office)
Summary: The Scott County Attorney’s Office violated the Open Records Act when it denied a request for records without explaining how the cited exemptions applied to the records it withheld. On appeal, the agency failed to carry its burden to show that KRS 61.878(1)(j), the attorney-client privilege, or the attorney work- product doctrine applied to withhold records.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-111.pdf
5. 24-ORD-112 (In re: Stephen Bratcher/Department of Juvenile Justice)
Summary: The Department of Juvenile Justice did not violate the Open Records Act when it conducted an adequate search for records, provided records that were responsive, and denied the request to the extent it sought additional records because it lacked adequate specificity.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-112.pdf
6. 24-ORD-113 (In re: Makayla Triplett/Kentucky State Police)
Summary: The Kentucky State Police did not violate the Open Records Act when it withheld from inspection under KRS 61.878(1)(a) and KRS 17.150(4) intelligence and investigative reports regarding a criminal case in which prosecution has not concluded. KSP did not violate the Act when it denied a portion of the request that sought information without describing public records to be inspected. KSP also did not violate the Act when it did not provide records that do not exist.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-113.pdf
7. 24-OMD-114 (In re: Chad Frizzell/City of Clinton)
Summary: The City of Clifton violated the Open Meetings Act when it failed to issue a written response to a complaint within three business days.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-OMD-114.pdf
