The Kentucky Attorney General issued 21 open records decisions, 15 of which originated in requests for records relating to animal control in each of Kentucky's 120 counties. In a footnote to one of these appeals, the AG explained:
"The Appellant initiated 79 appeals by providing one copy of his request and a list of county judge/executives he claims never responded to his request. Because KRS 61.880(2)(a) only requires a requester to provide a copy of his request to seek the Office’s review of an agency’s alleged failure to respond, the Office processed all 79 appeals to review that question only."
The appellant/aggrieved requester withdrew most of his appeals. The large number of decisions issued last week correlates to the bundle of appeals the requester submitted in a single day -- a practice he has engaged in in the past.
The following open records and open meetings decisions were issued last week:
1. 24-ORD-065 (In re: Randy Skaggs/Anderson County)
Judge/Executive
Summary: The Anderson County Judge/Executive’s Office violated the Open Records Act when it did not respond to a request to inspect records within five business days.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-065.pdf
2. 24-ORD-066 (In re: Randy Skaggs/Breathitt County Judge/Executive)
Summary: The Breathitt County Judge/Executive’s Office violated the Open Records Act when it did not respond to a request to inspect records.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-066.pdf
3. 24-ORD-067 (In re: Randy Skaggs/Breckinridge County Judge/Executive)
Summary: The Office cannot find that the Breckinridge County Judge/Executive’s Office violated the Open Records Act when it did not respond to a request to inspect records it claims it did not receive.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-067.pdf
4. 24-ORD-068 (In re: Randy Skaggs/Christian County Judge/Executive)
Summary: The Office cannot find that the Christian County Judge/Executive’s Office violated the Open Records Act when it did not respond to a request to inspect records it claims it did not receive.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-068.pdf
5. 24-ORD-069 (In re: Randy Skaggs/Franklin County Judge/Executive)
Summary: The Office cannot find that the Franklin County Judge/Executive violated the Open Records Act when it provided proof it issued a timely response to a request to inspect records. The Office cannot resolve factual disputes, such as whether the requester received a copy of the agency’s response.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-069.pdf
6. 24-ORD-070 (In re: Randy Skaggs/Gallatin County Judge/Executive)
Summary: The Office cannot find that the Gallatin County Judge/Executive’s Office violated the Open Records Act when it did not respond to a request to inspect records it claims it did not receive.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-070.pdf
7. 24-ORD-071 (In re: Randy Skaggs/Hopkins County Judge/Executive)
Summary: The Office cannot find that the Hopkins County Judge/Executive’s Office violated the Open Records Act when it did not respond to a request to inspect records it claims it did not receive.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-071.pdf
8. 24-ORD-072 (In re: Randy Skaggs/Lyon County Judge/Executive)
Summary: The Office cannot find that the Lyon County Judge/Executive’s Office violated the Open Records Act when it did not respond to a request to inspect records it claims it did not receive.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-072.pdf
9. 24-ORD-073 (In re: Randy Skaggs/Knott County Judge/Executive)
Summary: The Knott County Judge/Executive’s Office violated the Open Records Act when it did not respond to a request to inspect records.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-073.pdf
10. 24-ORD-074 (In re: Randy Skaggs/Nicholas County Judge/Executive)
Summary: The Office cannot find that the Nicholas County Judge/Executive’s Office violated the Open Records Act when it did not respond to a request to inspect records it claims it did not receive.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-074.pdf
11. 24-ORD-075 (In re: Randy Skaggs/Scott County Judge/Executive)
Summary: The Office cannot find that the Scott County Judge/Executive’s Office violated the Open Records Act when it did not respond to a request to inspect records it claims it did not receive.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-075.pdf
12. 24-ORD-076 (In re: Randy Skaggs/Spencer County Judge/Executive)
Summary: The Spencer County Judge/Executive’s Office violated the Open Records Act when it did not respond to a request to inspect records within five business days.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-076.pdf
13. 24-ORD-077 (In re: Randy Skaggs/Trigg County Judge/Executive)
Summary: The Trigg County Judge/Executive’s Office violated the Open Records Act when it did not respond to a request to inspect records.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-077.pdf
14. 24-ORD-078 (In re: Randy Skaggs/Trimble County Judge/Executive)
Summary: The Office cannot find that the Trimble County Judge/Executive’s Office violated the Open Records Act when it did not respond to a request to inspect records it claims it did not receive.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-078.pdf
15. 24-ORD-080 (In re: Mt. Sterling Advocate/Mount Sterling Police Department)
Summary: The Mount Sterling Police Department did not violate the Open Records Act when it did not require the use of a standardized request form and when it could not provide a record that does not yet exist. Requests by news-gathering organizations for automobile collision reports must be submitted to the Kentucky State Police pursuant to 502 KAR 15:010.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-080.pdf
16. 24-ORD-080 (In re: Mt. Sterling Advocate/Mount Sterling Police Department)
Summary: The Mount Sterling Police Department did not violate the Open Records Act when it did not require the use of a standardized request form and when it could not provide a record that does not yet exist. Requests by news-gathering organizations for automobile collision reports must be submitted to the Kentucky State Police pursuant to 502 KAR 15:010.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-080.pdf
17. 24-ORD-081 (In re: Mark Hardin/Jefferson County Master Commissioner)
Summary: The Open Records Act does not apply to the Jefferson County Master Commissioner.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-081.pdf
18. 24-ORD-082 (In re: Glenn Odom/Kentucky State Penitentiary)
Summary: The Office is unable to find that the Kentucky State Penitentiary violated the Open Records Act because the Office is unable to resolve the factual dispute between the parties about whether the Penitentiary received a request for records.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-082.pdf
19. 24-OMD-083 (In re: Tanyqua Oliver/Louisville Metro Department of Codes and Regulations)
Summary: The Louisville Metro Department of Codes and Regulations violated the Open Meetings Act when it failed to issue a written response to a complaint within three business days. The Office cannot resolve the factual dispute between the parties as to whether Metro required a member of the public to sign in and identify herself as a condition of attending a meeting or whether the condition was imposed for her to speak at the meeting.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-OMD-083.pdf
20. 24-ORD-084 (In re: Christopher Otts/Louisville Metro Human Relations Commission)
Summary: The Louisville Metro Human Relations Commission did not violate the Open Records Act when it withheld complaints that were exempt under KRS 344.250(6).
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-084.pdf
21. 24-ORD-084 (In re: David Borum/Kentucky Board of Cosmetology)
Summary: The Kentucky Board of Cosmetology violated the Open Records Act when it denied part of a request to inspect records under KRS 61.872(6) without clear and convincing evidence that the request was intended to disrupt its essential functions.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-085.pdf
