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Seal of the Kentucky Attorney General

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

1. 24-ORD-214 (In re: Melanie Barker/Cabinet for Health and Family Services)

Summary: The Cabinet for Health and Family and open meetings Services did not violate the Open Record Act when it did not provide records it does not possess.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-214.pdf

2. 24-OMD-215 (In re: Tina Burnell/Louisville Metro Ethics Commission)

Summary: The Louisville Metro Ethics Commission violated the Open Meetings Act when it conducted a meeting without adequate acoustics. The Commission did not violate the Act when it asked attendees to identify themselves but did not condition attendance at the meeting on their response.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-OMD-215.pdf

3. 24-ORD-216 (In re: Joshua Zeller/Department of Education)

Summary: The Department of Education violated the Open Records Act when it partially denied a request for records but did not indicate whether any records were being withheld, identify any withheld records, cite an exception to the Act, or explain how the exception applied.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-216.pdf

4. 24-ORD-217 (In re: Virgil Jones/Lexington–Fayette Urban County Government Division of Traffic Engineering)

Summary: The Lexington–Fayette Urban County Government Division of Traffic Engineering  violated the Open Records Act when its response to a request to inspect records failed either to comply with KRS 61.880(1) or to properly invoke KRS 61.872(5).

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-217.pdf

5. 24-OMD-218 (In re: Dan Holman/City of Georgetown and Scott County Fiscal Court)

Summary: The Office lacks jurisdiction to consider a complaint alleging the City of Georgetown and the Scott County Fiscal Court violated the Open Meetings Act because the complaint was not first submitted to the presiding officer of a “public agency” subject to the Act.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-OMD-218.pdf

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