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Official seal of Attorney General

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

1. 22-ORD-256 (In re: Eric Lloyd Hermansen/Finance and Administration Cabinet)

Summary: The Finance and Administration Cabinet did not violate the Open Records Act when it denied a request for records that do not exist.

2. 23-ORD-257 (In re: Jacob Brannon/Western Kentucky Correctional Complex)

Summary: The Western Kentucky Correctional Complex did not violate the Open Records Act when it did not fulfill a request for information that failed to describe public records to be inspected.

3. 23-ORD-258 (In re: Meg Jamison/Wolfe County Clerk)

Summary: The Wolfe County Clerk subverted the intent of the Open Records Act, within the meaning of KRS 61.880(4), when she imposed an excessive fee to reproduce a record. The Clerk also subverted the Act by charging a fee for a physical copy of an electronic record she was unable to redact electronically. However, the Clerk did not subvert or violate the Act when she did not tailor a record to meet the formatting specifications of the requester.

4. 23-ORD-259 (In re: Vivian Miles/Cabinet for Health and Family Services)

Summary: The Cabinet for Health and Family Services violated the Open Records Act when a requester provided prima facie evidence that additional records should exist and the Cabinet did not meet its burden of proving that its search was adequate.


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