The Kentucky Attorney General issued the following open records decisions last week:
1. 21-ORD-106 (In re: Christopher Hawkins/Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary did not violate the Open Records Act when it was unable to produce records that do not exist in its possession.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
2. 21-ORD-107 (In re: Sarah Bunch/Nelson County School District)
Summary: The Nelson County School District violated the Open Records Act when it failed to properly invoke KRS 61.872(5) to delay access to requested records, and when it directed a requestor to its website in lieu of providing her with copies of public records.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
3. 21-ORD-108 (In re: Jeremy Henley/Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary did not violate the Open Records Act when it provided records it deemed responsive to an overly broad request, when it denied a request for information, or when it was unable to produce records that did not exist in its possession.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
4. 21-ORD-109 (In re: Carlos Thurman/Eastern Kentucky Correctional Complex)
Summary: The Eastern Kentucky Correctional Complex did not violate the Open Records Act when it was unable to produce a record that does not exist in its possession.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
5. 21-ORD-110 (In re: Michael DeSpain/Honorable Mitch Perry, Judge, Jefferson Circuit Court)
Summary: Because he is not bound by the provisions of the Open Records Act, Jefferson Circuit Court Judge Mitch Perry did not violate the Act in the disposition of a request for records.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
6. 21-ORD-111 (In re: Brandon Voelker/Cabinet for Health and Family Services)
Summary: The Cabinet for Health and Family Services did not violate the Open Records Act when it denied a request to inspect records protected by the attorney- client privilege.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
7. 21-ORD-112 (In re: The Paintsville Herald/East Kentucky Advanced Manufacturing Institute)
Summary: In the absence of evidence that East Kentucky Advanced Manufacturing Institute receives state or local funds, the Institute is not a public agency under the Open Records Act.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
8. 21-ORD-113 (In re: Rona Dawson/Lexington-Fayette Urban County Government)
Summary: The Lexington-Fayette Urban County Government violated the Open Records Act when it failed to affirmatively state in its response to a request that the requested records did not exist in its possession. However, the City did not violate the Act, as modified by Senate Bill 150, when it issued a response to an open records request within ten days.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
