The Kentucky Attorney General issued the following open records and open meetings decisions last week:
1. 24-ORD-050 (In re: Lawrence Trageser/Jeffersontown Fire–EMS District)
Summary: The Jeffersontown Fire–EMS District did not violate the Open Records Act when it did not provide records that do not exist.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-050.pdf
2. 24-ORD-051 (In re: Ernest Merriweather/Christian County Commonwealth’s Attorney)
Summary: The Christian County Commonwealth’s Attorney violated the Open Records Act when she did not respond to a request under the Act.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-051.pdf
3. 24-ORD-052 (In re: Jennifer Toribio Naas/Masterson Station Homeowners’ Association)
Summary: The Office cannot find that the Masterson Station Homeowners’ Association violated the Open Records Act because the Office cannot find that it is a “public agency” subject to the Act.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-052.pdf
4. 24-ORD-053 (In re: Glenn Odom/Kentucky State Reformatory)
Summary: The Kentucky State Reformatory violated the Open Records Act when it failed to issue a response to requests within five business days of receiving the requests.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-053.pdf
5. 24-ORD-054 (In re: Brandon Voelker/Ashland Independent School District)
Summary: The Ashland Independent School District violated the Open Records Act when it denied a request for records without explaining how the exceptions on which it relied applied to each category of records withheld. However, the District did not violate the Act when it denied a request for communications that are exempt under the attorney-client privilege.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-054.pdf
6. 24-ORD-055 (In re: Timothy Arnold/Lee Adjustment Center)
Summary: The Lee Adjustment Center did not violate the Open Records Act when it denied a request for records that, if released, could pose a security threat to the safety of a correctional facility.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-055.pdf
7. 24-OMD-056 (In re: Lisa Gannoe/Eastern Kentucky University)
Summary: The Office lacks jurisdiction to consider a complaint alleging that Eastern Kentucky University violated the Open Meetings Act because the complaint was not first submitted to the presiding officer of a “public agency” subject to the Act.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-OMD-056.pdf
8. 24-ORD-057 (In re: Sarah Little/City of Hodgenville)
Summary: The City of Hodgenville violated the Open Records Act when it failed to properly invoke KRS 61.872(5) to delay its production of public records.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-057.pdf
9. 24-ORD-058 (In re: Sarah Little/Oldham County Board of Education)
Summary: The Oldham County Board of Education did not violate the Open Records Act when it issued a response within five days, excluding Saturdays, Sundays, and legal holidays, of receiving a request to inspect records.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-058.pdf
10. 24-ORD-059 (In re: Bradley McMahan/Eastern Kentucky Correctional Complex)
Summary: The Office cannot find that the Eastern Kentucky Correctional Complex violated the Open Records Act because the Office is unable to resolve the factual dispute between the parties.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-059.pdf
11. 24-ORD-060 (In re: Cynthia Sexton/Elliott Circuit Court Clerk)
Summary: The Open Records Act does not apply to records of the Elliott Circuit Court Clerk.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-060.pdf
