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Official seal of the Office of the Kentucky Attorney General

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

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