The Kentucky Attorney General issued the following open records decisions last week:
1. 21-ORD-255 (In re: Chris Hawkins/ Western Kentucky Correctional Complex)
Summary: The Western Kentucky Correctional Complex did not violate the Open Records Act when it did not provide records that are exempt from disclosure under federal law.
https://ag.ky.gov/Resources/orom/2021/21-ORD-255.pdf
2. 21-ORD-256 (In re: Chris Hawkins/Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary violated the Open Records Act when it initially denied a request for records as an improper request for information. However, the Penitentiary substantiated its denial on appeal because the requested records make no specific reference to the inmate issuing that request.
https://ag.ky.gov/Resources/orom/2021/21-ORD-256.pdf
3. 21-ORD-257 (In re: James Harrison/Kentucky State Police)
Summary: The Kentucky State Police did not violate the Open Records Act when it issued a response to a request to inspect records within five business days of receipt of the request. KSP also did not violate the Act when it denied a request for records that do not exist within its possession.
https://ag.ky.gov/Resources/orom/2021/21-ORD-257.pdf
4. 21-ORD-258 (In re: Christopher Henning/Bullitt County School Board)
Summary: The Bullitt County School Board violated the Open Records Act when it did not properly invoke KRS 61.872(5) to delay inspection of records. The Board also violated the Act when it failed to search for records responsive to one portion of the request.
https://ag.ky.gov/Resources/orom/2021/21-ORD-258.pdf
5. 21-ORD-259 (In re: Ashley Gruner/Kentucky State Police)
Summary: The Kentucky State Police did not violate the Open Records Act when it met its burden of proof that KRS 17.150(2) authorized it to deny inspection of investigative records contained in a 42-year-old homicide case.
https://ag.ky.gov/Resources/orom/2021/21-ORD-259.pdf
6. 21-ORD-260 (In re: Leah Mason/Kentucky Community and Technical College System)
Summary: The Kentucky Community and Technical College System violated the Open Records Act when it entirely withheld a record under the attorney-client privilege instead of separating privileged material from non- privileged material and providing the latter as required under KRS 61.878(4).
https://ag.ky.gov/Resources/orom/2021/21-ORD-260.pdf
7. 21-ORD-261 (In re: Terry Burchett/Eastern Kentucky Correctional Complex)
Summary: The Eastern Kentucky Correctional Complex did not violate the Open Records Act when it denied on-site inspection of records during a public health emergency that has been recognized by the General Assembly.
https://ag.ky.gov/Resources/orom/2021/21-ORD-261.pdf
8. 21-ORD-262 (In re: K.T./Lexington Police Department)
Summary: The Lexington Police Department did not violate the Open Records Act when it redacted portions of body-worn camera video that depicted uncharged suspects, witnesses to the event, or the personally identifiable information of a juvenile. The Department also did not violate the Act when it was unable to provide the first 30 seconds of audio for each video.
