The Kentucky Attorney General issued the following open records decisions last week:
1. 22-ORD-067 (In re: Chad Heath/Hardin Circuit Court Clerk
Summary: The Open Records Act does not apply to records of the Hardin Circuit Court Clerk.)
https://ag.ky.gov/Resources/orom/2022/22-ORD-067.pdf
2. 22-ORD-068 (In re: David Webster/Christian County Board of Education)
Summary: The Christian County Board of Education violated the Open Records Act when it failed to meet its burden of proof that records were exempt from disclosure under KRS 61.878(1)(i) or (j).
https://ag.ky.gov/Resources/orom/2022/22-ORD-068.pdf
3. 22-ORD-069 (In re: Mark Graham/Todd County Board of Education)
Summary: The Todd County Board of Education violated the Open Records Act when it did not explain how KRS 61.878(1)(a) applies to withhold requested records, and when it delayed access to records without providing a detailed explanation of the cause the delay. This Office cannot resolve a factual dispute between the parties as to whether the requester received the Board’s response to his request.
https://ag.ky.gov/Resources/orom/2022/22-ORD-069.pdf
4. 22-ORD-070 (In re: Belle Cushing/Louisville Metro Police Department)
Summary: The Louisville Metro Police Department violated the Open Records Act when it failed to respond timely to a request to inspect records and when it did not provide responsive records for almost one year. However, the Department did not violate the Act when it invited a requester to precisely describe additional records she sought to inspect.
https://ag.ky.gov/Resources/orom/2022/22-ORD-070.pdf
5. 22-ORD-071 (In re: Mark Graham/Christian County Board of Education)
Summary: The Christian County Board of Education did not violate the Open Records Act when it properly invoked KRS 61.872(5) to delay inspection of records by ten business days after receipt of the request.
https://ag.ky.gov/Resources/orom/2022/22-ORD-071.pdf