The Kentucky Attorney General issued the following open records and open meetings decisions last week:
1. 24-OMD-026 (In re: Douglas Phelps/City of London)
Summary: Because the Open Meetings Act does not entitle any member of the public to be heard at a public meeting, the City of London did not violate the Act when it failed to respond to a request by a member of the public asking to be heard.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-OMD-026.pdf
2. 24-ORD-027 (In re: Reginald Grider Jr./ Kentucky State Penitentiary)
Summary: The Office cannot find that the Kentucky State Penitentiary violated the Open Records Act when it denied a request for records that do not exist. However, the Penitentiary violated the Act when it denied a request for audio recordings without citing an applicable exception.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-027.pdf
3. 24-ORD-028 (In re: Whitney Marion/Kentucky Education and Labor Cabinet)
Summary: The Kentucky Education and Labor Cabinet did not violate the Open Records Act when it denied inspection of notes under KRS 61.878(1)(i).
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-028.pdf
4. 24-ORD-029 (In re: Linzey Lewis/Morgan County Fiscal Court)
Summary: The Morgan County Fiscal Court did not violate the Open Records Act when it denied inspection of purchase order notebooks that were “preliminary drafts” or “notes” under KRS 61.878(1)(i).
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-029.pdf
5. 24-OMD-030 (In re: Adam Sulfridge/Williamsburg Board of Zoning Adjustment)
Summary: The Williamsburg Board of Zoning Adjustment violated the Open Meetings Act when it failed to issue a written response to a complaint within three business days and when it conducted a meeting under the Act without adequate acoustics. However, the Office cannot resolve the factual dispute concerning whether the Board divided into subgroups to discuss public business in private.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-OMD-030.pdf
6. 24-OMD-031 (In re: Victoria Poma-Crisp/Williamsburg Board of Zoning Adjustment)
The Williamsburg Board of Zoning Adjustment violated the Open Meetings Act when it failed to issue a written response to a complaint within three business days. However, the Office cannot resolve the factual dispute concerning whether the Board improperly entered closed session or discussed topics that were not included on the agenda of its special meeting.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-OMD-031.pdf
