The Kentucky Attorney General issued the following open records decisions last week:
1. 22-ORD-022 (In re: Winston Wright/Powell County Detention Center)
Summary: The Powell County Detention Center violated the Open Records Act when a portion of its response failed to indicate whether responsive records were provided or withheld under an applicable exemption. The remaining portions of the Center’s response did not violate the Act. The Office cannot decide factual disputes about whether a public agency has received a request to inspect records.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-022.pdf
2. 22-ORD-023 (In re: Joye Keeley/Estill County Judge Executive’s Office)
Summary: The Estill County Judge Executive’s Office violated the Open Records Act when it did not provide records within five business days or properly invoke KRS 61.872(5).
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-023%20(1).pdf
3. 22-ORD-024 (In re: Glenn Odom/Kentucky State Reformatory)
Summary: The Kentucky State Reformatory did not violate the Open Records Act when it required advance payment of fees to provide the only record that existed in its possession. This Office is unable to resolve the factual dispute between the parties as to whether the requester received the public agency’s response once the public agency provides proof it transmitted its response.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-024.pdf
4. 22-ORD-025 (In re: Josh Woods/Louisville Metro Police Department)
Summary: The Louisville Metro Police Department violated the Open Records Act when it failed to provide records in a timely manner and did not properly invoke KRS 61.872(5). The Department’s reliance on KRS 61.878(1)(m) to withhold certain records was misplaced, but the records are nevertheless exempt under KRS 17.150(2).
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-025.pdf
5. 22-ORD-026 (In re: Daniel Phelps/Office of Attorney General)
Summary: The Office of Attorney General did not violate the Open Records Act when it denied inspection of emails that discuss the scheduling of events, or certain videos taken during the event, as preliminary under KRS 61.878(1)(i).
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-026.pdf
