The Kentucky Attorney General issued the following open records decisions last week:
1. 20-ORD-193 (In re: Shelby Shell/Eastern Kentucky Correctional Complex)
Summary: Eastern Kentucky Correctional Complex did not violate the Open Records Act when it did not provide a recording that does not exist.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
2. 20-ORD-194 (In re: Phillip Edward Cline/Kentucky State Police)
Summary: The Kentucky State Police violated the Open Records Act when it failed to respond to an inmate's request for records within the statutory time period. However, KSP did not violate the Act when it denied the request because no responsive records exist within its possession.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
3. 20-ORD-195 (In re: Mary Delaney/Cabinet for Health and Family Services)
Summary: Cabinet for Health and Family Services violated the Open Records Act when it failed to respond timely to a records request. The Cabinet also violated the Act when it cited an inapplicable statute as the basis for denying the request. However, the Cabinet corrected its error on appeal and properly denied the request under KRS 213.071(4). Under that provision, "evidence of adoption, paternity determination, or paternity acknowledgment" is not subject to inspection except upon order of a court of competent jurisdiction.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
4. 20-ORD-196 (In re: Kate Howard/Kentucky State Police)
Summary: The Kentucky State Police violated the Open Records Act when it invoked KRS 61.872(5) to delay access to certain records and then failed to provide those records for inspection on or before the date it claimed that the records would be available.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
5. 20-ORD-197 (In re: Kevin Hayes/Kentucky Labor Cabinet)
Summary: The Kentucky Labor Cabinet did not violate the Open Records Act when it denied a request for records that failed to precisely describe the records sought because the request, as framed, would have required the Cabinet to produce confidential and proprietary software code.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-1…
