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Seal of the Kentucky Attorney General

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

1. 2-ORD-155 (In re: Chris Hawkins/Luther Luckett Correctional Complex)

Summary: The Luther Luckett Correctional Complex did not violate the Open Records Act when it could not provide a record that does not exist.

https://ag.ky.gov/Resources/orom/2022/22-ORD-155.pdf

2. 22-ORD-156 (In re: Matt Miniard/Fayette County Conservation District)

Summary: The Office of the Attorney General cannot find that the Fayette County Conservation District failed to respond to a request under the Open Records Act within five business days when the District provided proof that a timely response was issued.

https://ag.ky.gov/Resources/orom/2022/22-ORD-156.pdf

3. 22-ORD-157 (In re: Phillip Hamm/McCracken County Sheriff’s Office)

Summary: The McCracken County Sheriff’s Office violated the Open Records Act when it failed to respond to a request under the Act.

https://ag.ky.gov/Resources/orom/2022/22-ORD-157.pdf

4. 22-ORD-158 (In re: Dennis J. Dolan/Kentucky Department of Education)

Summary: The Kentucky Department of Education violated the Open Records Act when it invoked KRS 61.872(5) to delay access to records, but failed to produce records on the promised date or explain the cause of additional delay. Although the requester has made a prima facie case that responsive records should exist, the Department has explained the adequacy of its search.

https://ag.ky.gov/Resources/orom/2022/22-ORD-158.pdf

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