The Kentucky Attorney General issued the following open records and open meetings decisions last week:
1. 23-ORD-015 (In re: Melissa Thornsberry/Office of Attorney General)
Summary: The Office of Attorney General did not violate the Open Records Act when its response to a request to inspect records complied with KRS 61.880(1).
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-015.pdf
2. 23-ORD-016 (In re: Kim Underwood/Department of Corrections)
Summary: The Department of Corrections violated the Open Records Act when it redacted pages of requested records without explaining how the exception on which it relied applied to the redactions.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-016.pdf
3. 23-OMD-017 (In re: Victoria Poma/City of Williamsburg Board of Adjustments)
Summary: The City of Williamsburg Board of Adjustments violated the Open Meetings Act at a special meeting conducted on November 15, 2022 when it discussed matters not appearing on the posted agenda.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-OMD-017.pdf
4. 23-ORD-018 (In re: Joshua Powell/Lexington Police Department)
Summary: The Lexington Police Department violated the Open Records Act when its initial response to a request failed to explain how KRS 17.150(2) applied to withhold records. On appeal, the Department has carried its burden of proving that some of the intelligence reports are exempt under KRS 17.150(2) because those reports may be used in a prospective law enforcement action in which no decision has been made regarding future prosecution. However, the Department has not carried its burden of proving that KRS 17.150(2) allowed it to withhold other records.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-018.pdf
5. 23-ORD-019 (In re: Jeremy Bryant/City of London)
Summary: The City of London violated the Open Records Act when it failed to respond timely to a request for records.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-019.pdf
6. 23-ORD-020 (In re: Melanie Barker/Cabinet for Health and Family Services)
Summary: The Cabinet for Health and Family Services violated the Open Records Act within the meaning of KRS 61.880(4), when it did not respond to a request to inspect records within five business days of receiving it. However, the Cabinet did not violate the Act when it did not provide records that do not exist within its possession or when it produced responsive records with personnel identification numbers redacted under KRS 61.878(1)(a).
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-020.pdf
7. 23-ORD-021 (In re: Jeff Carpenter/Luther Luckett Correctional Complex)
Summary: The Luther Luckett Correctional Complex did not violate the Open Records Act when it did not provide records that do not exist within its possession.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-021.pdf
8. 23-ORD-022 (In re: Joshua Orr/Eastern Kentucky Correctional Complex)
Summary: The Eastern Kentucky Correctional Complex violated the Open Records Act when it failed to cite an applicable exemption and explain how it applied to a requested record. However, the Complex did not violate the Act when it withheld records pertaining to an investigation because the investigation had not been completed at the time of the request.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-022.pdf
9. 23-ORD-023 (In re: Bethany Baxter/City of Irvine)
Summary: The City of Irvine violated the Open Records Act when it partially denied the Appellant’s first request for records without citing the specific exemption on which it relied to deny the request, when it did not respond to the Appellant’s second request for records within five business days of receiving it, and when it failed to respond at all to portions of the Appellant’s second and third requests for records. The City did not violate the Act when it did not provide records that do not exist within its possession.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-023.pdf
10. 23-ORD-024 (In re: Perry Boxx/Murray State University)
Summary: Murray State University violated the Open Records Act when it withheld an email containing a statement describing past events because none of its claimed exceptions apply to that email. The University also violated the Act when it denied as unreasonably burdensome a request that sufficiently described the records sought. However, the University did not violate the Act when it withheld other emails, some of which were exempt under KRS 61.878(1)(i) as preliminary drafts and notes, while others were exempt under KRS 61.878(1)(j) as records containing preliminary opinions.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-024.pdf
11. 23-ORD-025 (In re: Joshua Powell/Lexington Police Department)
Summary: The Lexington Police Department did not violate the Open Records Act when it denied inspection of a video recording of a field sobriety test because KRS 189A.100 requires the video to remain confidential under these facts.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-025.pdf
