The Kentucky Attorney General issued the following open records decisions last week:
1. 22-ORD-072 (In re: Jonathan Fannin/Lexington Police Department)
Summary: The Lexington Police Department did not violate the Open Records Act when it denied, under KRS 189A.100, a request for video recordings of a field sobriety test intended to be used in a civil trial.
https://ag.ky.gov/Resources/orom/2022/22-ORD-072.pdf
2. 22-ORD-073 (In re: Jerry Davis/Spencer County Board of Education)
Summary: The Spencer County Board of Education did not violate the Open Records Act when it denied a parent’s request for a copy of school surveillance video under KRS 61.878(1)(k) and 20 U.S.C. § 1232g when the video recorded multiple students.
https://ag.ky.gov/Resources/orom/2022/22-ORD-073.pdf
3. 22-ORD-074 (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-074.pdf
4. 22-ORD-075 (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-075.pdf
5. 22-ORD-076 (In re: Josh Wood/Louisville Metro Department of Corrections)
Summary: The Louisville Metro Department of Corrections violated the Open Records Act when it failed to issue a response to a request within five business days of receipt. However, the Department did not violate the Act when it denied a request for records that are exempt from inspection under KRS 197.023(1) and KRS 61.878(1)(l).
https://ag.ky.gov/Resources/orom/2022/22-ORD-076.pdf
6. 22-ORD-077 (In re: James Barnett/Kentucky State Police)
Summary: The Kentucky State Police did not violate the Open Records Act when it redacted the birth dates of individuals contained within its Uniform Citation database.
https://ag.ky.gov/Resources/orom/2022/22-ORD-077.pdf
7. 22-ORD-078 (In re: Roger Allcock/Office of Attorney General)
Summary: To invoke the Office of Attorney General’s statutory authority to review an agency’s response to a request submitted under the Open Records Act, the requester must provide a copy of his or her original request and the agency’s response.
https://ag.ky.gov/Resources/orom/2022/22-ORD-078.pdf
8. 22-ORD-079 (In re: Marvin Pennington/Kentucky State Reformatory)
Summary: The Kentucky State Reformatory violated the Open Records Act when it initially failed to explain how certain exemptions applied to records it withheld, and when it failed to separate exempt material from nonexempt material under KRS 61.878(4). The Reformatory did not violate the Act when it denied inspection of material that is prohibited from disclosure under KRS 439.510, KRS 61.878(1)(l), KRS 61.878(1)(k), and 17 U.S.C. §106.
https://ag.ky.gov/Resources/orom/2022/22-ORD-079.pdf
9. 22-ORD-080 (In re: Kunta Sims/Kentucky State Reformatory)
Summary: The Kentucky State Reformatory violated the Open Records Act when it initially failed to explain how certain exemptions applied to records it withheld, and when it failed to separate exempt material from nonexempt material under KRS 61.878(4). The Reformatory did not violate the Act when it did not allow inspection of material that is prohibited from disclosure under KRS 439.510, KRS 61.878(1)(l), KRS 61.878(1)(k), and 17 U.S.C. §106.
https://ag.ky.gov/Resources/orom/2022/22-ORD-080.pdf
10. 22-ORD-081 (In re: Michael Vaughan/Kentucky State Reformatory)
Summary: The Kentucky State Reformatory violated the Open Records Act when it failed to respond to a request under the Act within five business days of receipt. However, the Reformatory did not violate the Act when it could not provide records that do not exist within its possession.
https://ag.ky.gov/Resources/orom/2022/22-ORD-081.pdf
11. 22-ORD-082 (In re: Carlie Pelfrey/Lawrence County Fiscal Court)
Summary: The Lawrence County Fiscal Court violated the Open Records Act when it failed to issue a response within five business of receiving a request under the Act.
https://ag.ky.gov/Resources/orom/2022/22-ORD-082.pdf
12. 22-ORD-083 (In re: Candy Messer/Greenup County Road Department)
Summary: The Greenup County Road Department violated the Open Records Act when it failed to respond in writing to a request for records. However, the Department did not violate the Act when it could not provide records that do not exist.
https://ag.ky.gov/Resources/orom/2022/22-ORD-083.pdf
13. 22-ORD-084 (In re: Chris Hawkins/Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary did not violate the Open Records Act when it denied an inmate’s request for records that do not exist.
https://ag.ky.gov/Resources/orom/2022/22-ORD-084.pdf
14. 22-ORD-085 (In re: Winston Wright/Dismas Charities, Inc.)
Summary: In the absence of evidence that Dismas Charities, Inc. receives at least 25% of its funds expended in Kentucky from state or local authority funds, Dismas is not a public agency under the Open Records Act.
https://ag.ky.gov/Resources/orom/2022/22-ORD-085.pdf
15. 22-ORD-086 (In re: Chad Heath/Administrative Office of the Courts)
Summary: The Open Records Act does not apply to records of the Administrative Office of the Courts.
