The Kentucky Attorney General issued the following open records decisions last week:
1. 21-ORD-215 (In re: Kyle Thompson/Hardin Circuit Court Clerk
Summary: The Open Records Act does not apply to records of the Hardin Circuit Court Clerk.
https://ag.ky.gov/Resources/orom/2021/21-ORD-215.pdf
2. 21-ORD-216 (In re: Carlos Thurman/Eastern Kentucky Correctional Complex)
Summary: The Eastern Kentucky Correctional Complex violated the Open Records Act when it failed to make a final disposition of an open records request, but the Complex did not violate the Act when it did not provide a record that does not exist.
https://ag.ky.gov/Resources/orom/2021/21-ORD-216.pdf
3. 21-ORD-217 (In re: Jeana Banks/Office of Unemployment Insurance)
Summary: The Office of Unemployment Insurance did not violate the Open Records Act when it did not provide records that do not exist in its possession.
https://ag.ky.gov/Resources/orom/2021/21-ORD-217.pdf
4. 21-ORD-218 (In re: Adam Johnson/Department of Workplace Standards)
Summary: The Department of Workplace Standards did not violate the Open Records Act when it did not perform research, create a new record, or grant inspection of records that do not exist in its possession.
https://ag.ky.gov/Resources/orom/2021/21-ORD-218.pdf
5. 21-ORD-219 (In re: Christina Brumley/Hide-A-Way Hills Property Owners Association, Inc.)
Summary: In the absence of any proof that the Hide-A-Way Hills Property Owners Association, Inc. is a public agency subject to the Open Records Act, the Association was not required to respond to a request submitted to it under the Act.
https://ag.ky.gov/Resources/orom/2021/21-ORD-219.pdf
6. 21-ORD-220 (In re: David Pennington/Mountain Comprehensive Care Center)
Summary: In the absence of any proof that the Mountain Comprehensive Care Center is a public agency under the Open Records Act, the Center was not required to respond to a request submitted to it under the Act.
https://ag.ky.gov/Resources/orom/2021/21-ORD-220.pdf
7. 21-ORD-221 (In re: Jason Stanford/Kentucky Transportation Cabinet)
Summary: The Kentucky Transportation Cabinet violated the Open Records Act when it did not properly invoke KRS 61.872(5) to delay inspection of records and when it did not provide responsive records by the date it stated such records would be available.
https://ag.ky.gov/Resources/orom/2021/21-ORD-221.pdf
8. 21-ORD-222 (In re: Steven Dasenbrock/Kentucky Housing Corporation)
Summary: The Kentucky Housing Corporation did not violate the Open Records Act when it denied a request seeking information rather than public records.
https://ag.ky.gov/Resources/orom/2021/21-ORD-222.pdf
9. 21-ORD-223 (In re: Jason Stanford/Louisville Metropolitan Sewer District)
Summary: The Louisville Metropolitan Sewer District ("the District") violated the Open Records Act when it did not respond to a request to inspect records within the statutory period required under KRS 61.880(1) or properly invoke KRS 61.872(5) to delay access to records. However, the District did not violate the Act when it provided all responsive records in its possession after conducting an adequate search.
https://ag.ky.gov/Resources/orom/2021/21-ORD-223.pdf
10. 21-ORD-224 (In re: John Yarbrough/Hopkins County Health Department)
Summary: The Hopkins County Health Department violated the Open Records Act when it did not cite an applicable exception to deny a request for certain records. However, the Department did not violate the Act when it denied a request for records that were protected under HIPAA or that do not exist in the Department's possession.
https://ag.ky.gov/Resources/orom/2021/21-ORD-224.pdf
11. 21-ORD-225 (In re: Dominique R. Dudley/Kentucky State Reformatory)
Summary: The Kentucky State Reformatory did not violate the Open Records Act when it denied an inmate's duplicative request for records that had previously been granted in part and denied in part. The Reformatory also did not violate the Act when it denied a request for records that do not exist in its possession or that would constitute a security threat under KRS 61.878(1)(l) and KRS 197.025(1) if released.
