The Kentucky Attorney General issued the following open records decisions last week:
1. 20-ORD-156 (In re: WDRB News/Louisville Metro Police Department)
Summary: Louisville Metro Police Department failed to respond to an open records request within the statutory time period for doing so. On appeal, however, the Department met its burden to show that Incident Action Plans were "antiterrorism protective measures and plans" under KRS 61.878(1)(m)1.c and that their disclosure would have a reasonable likelihood of threatening public safety by exposing vulnerabilities in the Department's potential response to protests that may turn violent. The Department properly withheld administrative incident reports from inspection under KRS 17.150(2) during an active police investigation prior to the completion of prosecution or a decision not to prosecute. The Department did not violate the Open Records Act by failing to provide records that did not exist.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
2. 20-ORD-157 (In re: Michael Mobley/Department of Corrections)
Summary: The Department of Corrections, Division of Probation and Parole, did not violate the Open Records Act because it did not receive the request Appellant claimed he sent. Regardless, custody time credit records prepared by probation and parole officers are exempt from the Act under KRS 439.510.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
