The Kentucky Attorney General issued the following open records decisions last week:
1. 22-ORD-050 (In re: Rafael Coleman/Jefferson Circuit Court Clerk)
Summary: The Open Records Act does not apply to records of the Jefferson Circuit Court Clerk.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-050.pdf
2. 22-ORD-051 (In re: Taquan Neblett/ Kentucky State Reformatory)
Summary: The Kentucky State Reformatory did not violate the Open Records Act when it did not provide a record that does not exist.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-051.pdf
3. 22-ORD-052 (In re: Carlos Beauchamp/Southeast State Correctional Complex)
Summary: The Southeast State Correctional Complex violated the Open Records Act when it failed to issue a response within five business days and when it denied a part of the request without citing an exception explaining how it applied to the withheld records. However, the Complex did not violate the Act when it did not provide copies of records that if released would constitute a security threat under KRS 61.878(1)(l) and KRS 197.025(1).
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-052.pdf
4. 22-ORD-053 (In re: Sam Aguiar/Louisville Metro Police Department)
Summary: The Louisville Metro Police Department violated the Open Records Act when it failed to respond to a request for public records within five business days. The Department also violated KRS 61.872(5) by failing to give the earliest date when additional responsive records would be available for inspection. However, the Department substantiated on appeal that it properly withheld cell phone records under KRS 17.150(2) because disclosure would impede a pending investigation by the Federal Bureau of Investigation by revealing information to be used in a prospective law enforcement action.
