The Kentucky Attorney General issued the following open records and open meetings decisions last week:
1. 23-ORD-200 (In re: John Fairley/Kentucky State Police)
Summary: The Kentucky State Police did not violate the Open Records Act when it did not provide records that do not exist.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-200.pdf
2. 23-ORD-201 (In re: Saeid Shafizadeh/Shelbyville Police Department)
Summary: In the face of competing factual claims, the Office cannot find that the Shelbyville Police Department “required” the use of a specific form to submit a request to inspect records in violation of the Open Records Act. However, the Department subverted the intent of the Act, within the meaning of KRS 61.880(4), when it failed to substantiate the fees it imposed for copies of video footage as representing its actual cost of reproducing the records.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-201.pdf
3. 23-ORD-202 (In re: Saeid Shafizadeh/Spencer County Attorney’s Office)
Summary: The Spencer County Attorney’s Office did not violate the Open Records Act when it could not provide records that are not within its custody or control. The agency subverted the intent of the Act within the meaning of KRS 61.880(4) when it demanded that a requester provide a date range for his request when he had already done so.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-202.pdf
4. 23-ORD-203 (In re: Whitney Marion/Oldham County Schools)
Summary: The Oldham County Schools did not violate the Open Records Act when it did not provide records that do not exist.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-203.pd
5. 23-ORD-204 (In re: Ronald Mitchell/Kentucky Board of Veterinary Examiners)
Summary: The Kentucky Board of Veterinary Examiners violated the Open Records Act when it delayed access to records because it is understaffed.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-204.pdf
6. 23-OMD-205 (In re: The Levisa Lazer/Lawrence County Fiscal Court)
Summary: The Lawrence County Fiscal Court violated the Open Meetings Act when it failed to issue a written response to a complaint within three business days. The Fiscal Court also violated the Act when it failed to send notice of a special meeting to a media organization that had filed a written request to receive such notices under KRS 61.823(4).
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-OMD-205.pdf
7. 23-ORD-206 (In re: Mark Shouse/Lexington-Fayette Urban County Government)
Summary: The Lexington-Fayette Urban County Government violated the Open Records Act when it did not respond to a request to inspect records within five business days of receiving it.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-206.pdf
8. 23-ORD-207 (In re: Ashley Gruner/Louisville Metro Government)
Summary: Louisville Metro Government did not violate the Open Records Act when it withheld a “preliminary draft” under KRS 61.878(1)(i).
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-207.pdf
9. 23-ORD-208 (In re: Rebecca Mash/Kentucky State Police)
Summary: The Kentucky State Police did not violate the Open Records Act when it provided all records in its custody or control that were responsive to a request.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-208.pdf
10. 23-ORD-209 (In re: Wayne Thompson/Department of Financial Institutions)
Summary: The Department of Financial Institutions did not violate the Open Records Act when it redacted the names of mortgage licensees from examination spreadsheets under KRS 286.8-175(1).
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-209.pdf
11. 23-ORD-210 (In re: Teresa Gilbert/Pulaski County Clerk)
Summary: The Pulaski County Clerk violated the Open Records Act when he failed to respond to a request to inspect records within five business days. However, because one of the requested records was “in active use” at the time of the request and the other requested record did not exist at the time of the request, the Clerk did not violate the act by not providing the records to the Appellant.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-210.pdf
