The Kentucky Attorney General issued the following open records decisions last week:
1. 21-ORD-233 (In re: Michael Vaughan/Eastern Kentucky Correctional Complex)
Summary: The Eastern Kentucky Correctional Complex did not violate the Open Records Act when it required advance payment of fees pursuant to KRS 61.874(1) to provide all the records in its possession. This Office is unable to resolve factual disputes about whether a requester received a public agency's response once the public agency provides proof that the response was mailed.
https://ag.ky.gov/Resources/orom/2021/21-ORD-233.pdf
2. 21-ORD-234 (In re: Chris Hawkins/ Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary did not violate the Open Records Act when it did not provide records that do not exist. The Penitentiary did not subvert the intent of the Act, within the meaning of KRS 61.880(4), when it did not commingle nonresponsive records with responsive records.
https://ag.ky.gov/Resources/orom/2021/21-ORD-234.pdf
3. 21-ORD-235 (In re: Rodney Newcomb/Lincoln County Sheriff's Department)
Summary: The Lincoln County Sheriff's Department violated the Open Records Act when it did not issue a timely response to a request for records and when it failed to cite to any exception that authorized it to withhold the requested records.
https://ag.ky.gov/Resources/orom/2021/21-ORD-235.pdf
4. 21-ORD-236 (In re: Rodney Newcomb/Garrard County Police Department)
Summary: The Garrard County Police Department did not violate the Open Records Act when it could not provide records that do not exist within its possession. This Office is unable to resolve factual disputes about whether a public agency received a request to inspect public records.
https://ag.ky.gov/Resources/orom/2021/21-ORD-236.pdf
5. 21-ORD-237 (In re: Lonnie Schooley/Eastern Kentucky Correctional Complex)
Summary: The Eastern Kentucky Correctional Complex did not violate the Open Records Act when it denied an inmate's request to inspect public records that did not specifically reference that inmate. This Office is unable to resolve factual disputes about whether a public agency received a request to inspect public records.
https://ag.ky.gov/Resources/orom/2021/21-ORD-237.pdf
6. 21-ORD-238 (In re: James Harrison/Eastern Kentucky Correctional Complex)
Summary: The Eastern Kentucky Correctional Complex did not violate the Open Records Act when it withheld records that are deemed a security threat under KRS 197.025(1), or when it did not produce records that do not exist.
https://ag.ky.gov/Resources/orom/2021/21-ORD-238.pdf
7. 21-ORD-239 (In re: James Harrison/Eastern Kentucky Correctional Complex)
Summary: The Eastern Kentucky Correctional Complex did not violate the Open Records Act when it did not provide a record that does exist.
https://ag.ky.gov/Resources/orom/2021/21-ORD-239.pdf
9. 21-ORD-240 (In re: Daniel Mason/Christian County Fiscal Court)
Summary: The Christian County Fiscal Court violated the Open Records Act when it failed to provide records within five business days and did not properly invoke KRS 61.872(5). The Fiscal Court further violated the Act when it provided electronic records in hard-copy format instead of the electronic format requested. However, the Act does not require the Fiscal Court to fulfill requests for information.
https://ag.ky.gov/Resources/orom/2021/21-ORD-240.pdf
10. 21-ORD-241 (In re: Emily Corwin/Education and Workforce Development Cabinet)
Summary: The Education and Workforce Development Cabinet violated the Open Records Act when it failed to separate nonexempt material from exempt material under KRS 61.878(4), and provide the nonexempt material for inspection.
