The Kentucky Attorney General issued the following open records and open meetings decisions last week:
1. 24-ORD-087 (In re: Kurt Hanscom/City of Edgewood)
Summary: The City of Edgewood violated the Open Records Act when its initial response failed to explain how the cited exception applied to the records it withheld.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-087.pdf
2. 24-ORD-088 (In re: Katherine Liles/Kentucky State Police)
Summary: The Kentucky State Police did not violate the Open Records Act when it denied a request for intelligence and investigative reports before prosecution has concluded or a determination declining prosecution has been made.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-088.pdf
3. 24-ORD-089 (In re: Vivian Miles/Cabinet for Health and Family Services)
Summary: The Cabinet for Health and Family Services violated the Open Records Act when it denied a request as too imprecise under KRS 61.872(3)(b). The Cabinet also failed to meet its burden of proof that the attorney-client privilege applied.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-089.pdf
4. 24-ORD-090 (In re: Carlos Harris/Eastern Kentucky Correctional Complex)
Summary: The Eastern Kentucky Correctional Complex did not violate the Open Records Act when it did not provide records that do not exist. The Office cannot resolve the factual dispute between the parties regarding when the Complex responded to the request.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-090.pdf
5. 24-ORD-091 (In re: Jason Easley/Breckenridge County Dispatch)
Summary: The Breckenridge County Dispatch violated the Open Records Act when it failed to respond to a request under the Act.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-091.pdf
6. 24-ORD-092 (In re: Jason Easley/City of Cloverport)
Summary: The City of Cloverport violated the Open Records Act when it did not properly invoke KRS 61.872(5) to delay access to records.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-092.pdf
7. 24-OMD-093 (In re: Gretchen Stephenson/City of Park Hills)
Summary: The City of Park Hills did not violate the Open Meetings Act when it held a video-conferenced meeting without also providing a physical location for the public to attend. Because the Act does not entitle any member of the public to be heard at a public meeting, the City did not violate the Act by providing a link that only permitted the public to view the meeting but not participate.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-OMD-093.pdf
8. 24-ORD-094 (In re: Stephen Sherman/Kentucky Department of Revenue)
Summary: The Kentucky Department of Revenue violated the Open Records Act when it denied a request to inspect records without citing an exception and explaining how it applied to the records withheld. The Department also violated the Act when it failed to properly invoke KRS 61.872(5) to delay access to records. The Department’s belated reliance invoking the “homeland security” exception is improper because it failed to comply with KRS 61.878(1)(m)3.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-094.pdf
