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Seal of the Kentucky Attorney General

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

1. 24-ORD-248 (In re: Doug Price/Kentucky State Treasurer)

Summary: The Kentucky State Treasurer did not subvert the Open Records Act when it did not provide records that did not exist at the time of the request.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-248.pdf

2. 24-ORD-249 (In re: Brian Halloran/City of Covington)

Summary: The City of Covington violated the Open Records Act when it delayed access to a record without initially notifying the requester of the earliest date on which records would be available. On appeal, the City demonstrated that its delay was reasonable.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-249.pdf

3. 24-ORD-250 (In re: Dawn Crawford/Kentucky Department of Insurance

Summary: The Office cannot find that the Kentucky Department of Insurance violated the Open Records Act when its response was not received by the requestor.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-250.pdf

4. 24-OMD-251 (In re: Jody Franklin/Morgan County Water District Board)

Summary: The Morgan County Water District Board violated the Open Meetings Act when it failed to issue a written response to a complaint within three business days. The Board also violated the Act when it conducted a closed session to discuss the payroll of a current employee under KRS 61.810(1)(f).

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-OMD-251.pdf

5. 24-ORD-252 (I'm re: Uriah M. Pasha/Lee Adjustment Center

Summary: The Lee Adjustment Center violated the Open Records Act when it failed to cite the specific exception authorizing it to withhold public records. However, the Center did not violate the Act when it could not provide records that it does not possess.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-252.pdf

6. 24-ORD-253 (In re: Lucius Adams/Eastern Kentucky Correctional Complex

Summary: The Eastern Kentucky Correctional Complex did not violate the Open Records Act when it denied an inmate’s request for a copy of his presentence investigation report under KRS 439.510.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-253.pdf

7. 24-ORD-254 (In re: Vivian Miles/Kentucky State Police)

Summary: The Kentucky State Police subverted the intent of the Open Records Act (within the meaning of KRS 61.880(4), by delaying access to requested records beyond five business days from receipt of the request. KSP also violated the Act when it denied a request as too imprecise under KRS 61.872(3)(b).

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-254.pdf

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