The Kentucky Attorney General issued the following open records decisions last week.
1. 21-ORD-127 (In re: Brian Mackey/Department of Fish and Wildlife)
Summary: The Department of Fish and Wildlife did not violate the Open Records Act when it denied a request to inspect text messages on privately owned devices because the request did not seek records prepared, owned, used, in the possession of, or retained by the Department.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
2. 21-ORD-128 (In re: Ashley Gruner/Kentucky State Police)
Summary: The Kentucky State Police violated the Open Records Act when it failed to carry its burden that KRS 17.150(2) or KRS 61.878(1)(h) authorized it to deny inspection of records contained in a 53-year-old cold case.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
3. 21-ORD-129 (In re: Christopher Dudgeon/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 him with copies of public records. The District did not violate the Act when it declined to provide copies of electronic public records in a nonstandardized format.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
4. 21-ORD-130 (In re: Jeremy Henley/Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary did not violate the Open Records Act when it was unable to produce records that did not exist in its possession, or when it denied a request for records which did not make a specific reference to an inmate.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
5. 21-ORD-131 (In re: Stephen Zoglman/City of Owensboro)
Summary: The City of Owensboro violated the Open Records Act when it did not issue a timely written response to a request to inspect records.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
6. 21-ORD-132 (In re: Levi Henson/Justice and Public Safety Cabinet)
Summary: The Justice and Public Safety Cabinet did not violate the Open Records Act when it did not provide records that do not exist in its possession.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
7. 21-ORD-133 (In re: Carlos Thurman/North Point Training Center)
Summary: The North Point Training Center did not violate the Open Records Act 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…
