The Kentucky Attorney General issued the following open records decisions last week:
1. 23-ORD-173 (In re: Bobbie Coleman/Breathitt County Clerk)
Summary: The Breathitt County Clerk violated the Open Records Act when she failed to timely respond to requests to inspect records and when she charged a fee for electronic records without substantiating the actual cost of reproducing those records.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-173.pdf
2. 23-ORD-174 (In re: Mary Wilson/Gateway Regional Arts Center)
Summary: This Office cannot find that the Gateway Regional Arts Center violated the Open Records Act because this Office cannot find that it is a public agency subject to the Act.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-174.pdf
3. 23-ORD-175 (In re: Paul Olivia/Lexington–Fayette Urban County Government)
Summary: This Office cannot find that the Lexington–Fayette Urban County Government violated the Open Records Act when it provided what the Appellant considered to be an incomplete record.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-175.pdf
4. 23-ORD-176 (In re: James Hightower/Western Kentucky Correctional Complex)
Summary: The Western Kentucky Correctional Complex did not violate the Open Records Act, or subvert the intent of the Act within the meaning of KRS 61.880(4), when it required an inmate to pay ten cents per page for a certified account statement.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-176.pdf
5. 23-ORD-177 (In re: Carl Poling/Northpoint Training Center)
Summary: The Northpoint Training Center violated the Open Records Act when it failed to issue a response to a request within five business days of receiving the request.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-177.pdf
6. 23-ORD-178 (In re: Jason Potts/Ohio County Clerk)
Summary: The Ohio County Clerk violated the Open Records Act when she imposed an excessive fee for electronic records that required redaction. The Clerk did not impose an excessive fee for the actual cost of reproducing requested surveillance videos. The Clerk also did not violate the Act when she invoked KRS 61.872(5) to delay access to records in active use and provided the record prior to the estimated date of availability.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-178.pdf
7. 23-ORD-179 (In re: Kyrek Purdiman/Owensboro Police Department)
Summary: The Owensboro Police Department violated the Open Records Act when it failed to respond to a request within five business days of receiving the request.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-179.pdf
8. 23-ORD-180 (In re: Willdarien Jones/Green River Correctional Complex)
Summary: The Green River Correctional Complex violated the Open Records Act when it failed to carry its burden that an inmate’s duplicative request for a record was unreasonably burdensome or intended to disrupt the Complex’s essential functions. The Complex also violated the Act when it failed to explain the adequacy of its search.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-180.pdf
