The Kentucky Attorney General issued the following open records decisions last week:
1. 22-ORD-037 (In re: Lawrence Trageser/Spencer County Clerk’s Office)
Summary: The Spencer County Clerk’s Office violated the Open Records Act when it failed to give written notification of redactions to public records and the exception to the Act on which it relied. The Clerk’s Office also violated the Act when it redacted the addresses of candidates for public office and their cosigners from notification and declaration forms filed with the Clerk’s Office. Because residency in the district is a legal qualification for both candidates and their cosigners, the privacy interest in address information does not outweigh the public interest in disclosure under KRS 61.878(1)(a).
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-037.pdf
2. 22-ORD-038 (In re: Alan Rubin/Louisville Metro Department of Corrections)
Summary: The Louisville Metro Department of Corrections violated the Open Records Act when it denied portions of a request for records without explanation. However, the Department did not violate the Act when it could not provide records that do not exist or when it denied a request for records posing a security threat under KRS 197.025(1).
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-038.pdf
3. 22-ORD-039 (In re: Chad Heath/Hardin County Fiscal Court)
Summary: The Hardin County Fiscal Court violated the Open Records Act when it failed to issue a response to a request under the Act within five business days. The Fiscal Court has made the requested documents available to the requester, thus, any remaining issues are moot under 40 KAR 1:030 § 6.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-039.pdf
4. 22-ORD-040 (In re: Lawrence Trageser/Anchorage Middletown Fire and EMS District)
Summary: The Anchorage Middletown Fire and EMS District violated the Open Records Act when its response to a request to inspect records did not comply with KRS 61.880(1). However, the District did not violate the Act when it could not produce for inspection records that do not exist within its possession or when it redacted certain personal and health-related information under KRS 61.878(1)(a).
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-040.pdf
5. 22-ORD-041 (In re: Eric Cunningham/Eastern Kentucky Correctional Complex)
Summary: The Eastern Kentucky Correctional Complex violated the Open Records Act when it failed to issue a response to a request under the Act within five business days and when it did not issue a notice to the requester containing the contact information of the Complex’s official records custodian as required under KRS 61.872(4).
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-041.pdf
6. 22-ORD-042 (In re: WKRC-TV/Christian County Board of Education)
Summary: The Christian County Board of Education violated the Open Records Act when it denied a request for emergency action plans adopted pursuant to KRS 160.445(4)(a). The Board also violated the Act when it failed to respond to a request for written verifications submitted pursuant to KRS 160.445(4)(b), but did not violate the Act when it could not provide copies of records that do not exist.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-042.pdf
7. 22-ORD-043 (In re: WKRC-TV/Trigg County Board of Education)
Summary: The Trigg County Board of Education violated the Open Records Act when it denied a request for emergency action plans adopted pursuant to KRS 160.445(4)(a). The Board also violated the Act when it failed to respond to a request for written verifications submitted pursuant to KRS 160.445(4)(b), but did not violate the Act when it could not provide copies of records that do not exist.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-043%20(002).pdf
8. 22-ORD-044 (In re: WKRC-TV/Jenkins Independent School District)
Summary: The Jenkins Independent School District violated the Open Records Act when it failed to respond to a request for records in a timely manner and when it denied the request without citing an exception to the Act. The District failed to meet its burden on appeal to sustain the denial.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-044.pdf
9. 22-ORD-045 (In re: Oda Barnes/Kentucky Personnel Cabinet)
Summary: The Kentucky Personnel Cabinet did not violate the Open Records Act when it could not provide records that do not exist in its possession.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-045.pdf
10. 22-ORD-046 (In re: Jessica Shoemaker/Jackson County Sheriff’s Office)
Summary: The Jackson County Sheriff’s Office subverted the intent of the Open Records Act within the meaning of KRS 61.880(4) through delay and excessive extensions of time. The Sheriff’s Office also violated the Act when it failed to notify a requester that it was not the custodian of the requested records. However, the Sheriff’s Office did not violate the Act when it initially denied a request that did not clearly identify the requester as a Kentucky resident or when it issued a response through an authorized agent of the official custodian of records.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-046.pdf
11. 22-ORD-047 (In re: Kelly Bush/City of Frankfort)
Summary: The City of Frankfort did not violate the Open Records Act when it properly invoked KRS 61.872(5) to delay access to records that were not readily available at the time of the request.
