The Kentucky Attorney General issued the following open records and open meetings decisions last week:
1. 23-OMD-065 (In re: Jerrol Summerville/Graves County Board of Education)
Summary: The Graves County Board of Education violated the Open Meetings Act when it conducted a special meeting at a location that was not “convenient to the public.” KRS 61.820(1)
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-OMD-065.pdf
2. 23-ORD-066 (In re: David McAnally/Cabinet for Health and Family Services)
Summary: The Cabinet for Health and Family Services did not violate the Open Records Act when it denied a request for copies that did not precisely describe the records requested.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-066.pdf
3. 23-ORD-067 (In re: Barbara Culberson/Grayson County Detention Center)
Summary: The Grayson County Detention Center violated the Open Records Act when it failed to respond to a request for records within five business days.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-067.pdf
4. 23-ORD-068 (In re: Melanie Barker/Cabinet for Health and Family Services)
Summary: The Cabinet for Health and Family Services did not violate the Open Records Act because it was not obligated to create a record or to fulfill a request for information.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-068.pdf
5. 23-ORD-069 (In re: Deon’tae Williams/Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary did not violate the Open Records Act when it did not provide records that do not exist in its possession.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-069.pdf
6. 23-ORD-070 (In re: Jeffrey Jobe/Boys and Girls Club of Glasgow)
Summary: In the absence of evidence to the contrary, the Boys and Girls Club of Glasgow is a “public agency” subject to the Open Records Act under KRS 61.870(1)(h) for fiscal year 2023. Accordingly, it violated the Act when it failed to respond to two requests to inspect records within five business days of receiving them. However, the Office cannot resolve the factual dispute of whether the requested records are “public records” under KRS 61.870(2).
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-070.pdf
7. 23-ORD-071 (In re: Uriah Pasha/Kentucky State Police)
Summary: The Office cannot find that the Kentucky State Police violated the Open Records Act when it did not respond to a request that it did not receive.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-071.pdf
8. 23-ORD-072 (In re: Carlos Harris/St. Claire Regional Medical Center)
Summary: In the absence of evidence that the St. Claire Regional Medical Center receives at least 25% of its funds expended in Kentucky from state or local authority funds, the Medical Center is not a public agency under the Open Records Act.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-072.pdf
9. 23-ORD-073 (In re: Damou Bradley/Georgetown Police Department)
Summary: The Georgetown Police Department did not violate the Open Records Act when it did not provide records that do not exist.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-073.pdf
10. 23-ORD-074 (In re: Tequan Neblett/Luther Luckett Correctional Complex)
Summary: The Luther Luckett Correctional Complex subverted the intent of Open Records Act by misdirecting an inmate’s request to the incorrect records custodian.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-074.pdf
11. 23-ORD-075 (In re: The Cincinnati Enquirer/City of Covington)
Summary: The City of Covington violated the Open Records Act when it when it withheld from inspection records that were not “preliminary drafts” under KRS 61.878(1)(i).
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-075.pdf
12. 23-ORD-076 (In re: Lawrence Trageser/Louisville Metro Animal Services)
Summary: Louisville Metro Animal Services did not violate the Open Records Act when it denied an imprecise request for records because it would place an unreasonable burden on the agency.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-076.pdf
