The Kentucky Attorney General issued the following open records decisions last week:
1. 21-ORD-138 (In re: Glenn Hayden/Graves County School District)
Summary: The Graves County School District did not violate the Open Records Act when it did not post certain meeting minutes and agendas on its website.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
2. 21-ORD-139 (In re: John Yarbrough/Hopkins County Health Department)
Summary: The Hopkins County Health Department violated the Open Records Act when it did not issue a timely written response to a request to inspect records. However, the Department did not violate the Act when it denied inspection of records exempt under the Health Insurance Portability and Accountability Act ("HIPAA") or when it did not produce for inspection records that do not exist in the Department's possession.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
3. 21-ORD-140 (In re: Kenneth Handmaker/Department of Alcoholic Beverage Control)
Summary: The Department of Alcoholic Beverage Control violated the Open Records Act when it failed to respond to portions of a request for which no records existed. The Department also violated the Act when it denied requests that it claimed were imprecise. However, the Department did not violate the Act when it gave a sufficient description of records to support its assertion of attorney-client and work-product privilege.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
4. 21-ORD-141 (In re: Christopher Hawkins/Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary did not violate the Open Records Act when it provided records it deemed responsive to an open records request.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
5. 21-ORD-142 (In re: Scott Horn/Jefferson County Property Valuation Administrator)
Summary: The Jefferson County Property Valuation Administrator violated the Open Records Act when it failed to carry its burden that certain emails were exempt from inspection as preliminary opinions under KRS 61.878(1)(j). However, the Administrator did not violate the Act when it denied inspection of certain emails protected by the attorney-client privilege.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
6. 21-ORD-143 (In re: Glenn Hayden/Graves County School District)
Summary: The Graves County School District did not violate the Open Records Act when it did not provide copies of records to a county resident prior to his inspection of the records under KRS 61.872(2)(a) and KRS 61.874(1).
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
7. 21-ORD-144 (In re: Holly Harrison-Hawkins/Kentucky Department of Corrections)
Summary: The Kentucky Department of Corrections did not violate the Open Records Act when it denied inspection of records that cannot be disclosed under KRS 61.878(1)(l), KRS 439.510, and KRE 503. However, it did violate the Act when it could not sufficiently explain how KRE 503 allowed it to deny inspection of other records.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
8. 21-ORD-145 (In re: Kate Holm/Lexington Police Department)
Summary: The Lexington Police Department did not violate the Open Records Act when it denied a request for "documents contained in all of the files . . . regarding disciplinary actions against its sworn officers" as unreasonably burdensome.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2021/21-ORD-1…
