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The Kentucky Attorney General issued the following open records decisions last week:

23-ORD-105 (In re: Glenn Odom/Kentucky State Penitentiary)

Summary: The Kentucky State Penitentiary did not violate the Open Records Act when it issued a timely response to a request to inspect records. This Office cannot resolve the factual dispute regarding whether the Penitentiary received a third request. A requester cannot perfect an appeal to this Office claiming an agency failed to respond to a request until the sixth business day after sending the request.

2. 23-ORD-106 (In re: Pam McKinney/Livingston County Attorney)

Summary: The Livingston County Attorney did not violate the Open Records Act when he denied under KRS 61.878(1)(h) a request for records contained in his criminal litigation file.

3. 23-ORD-107 (In re: Uriah Pasha/Kentucky Parole Board)

Summary: The Kentucky Parole Board did not violate the Open Records Act when it did not provide records that do not exist in its custody or control.

4. 23-ORD-108 (In re: Leslie Haun/Luther Luckett Correctional Complex)

Summary: The Luther Luckett Correctional Complex did not violate the Open Records Act when it provided records it deemed responsive to an open records request but did not provide a record that does not exist. However, the Complex violated the Act when it initially failed to state that the requested record did not exist.


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