The Kentucky Attorney General issued the following open records decisions last week:
1. 22-ORD-098 (In re: Michael Murphy/Gallatin County Fiscal Court)
Summary: This Office cannot find that the Gallatin County Fiscal Court violated the Open Records Act when it denied a request for records that do not exist within its possession.
https://ag.ky.gov/Resources/orom/2022/22-ORD-098.pdf
2. 22-ORD-099 (In re: John Nation/Northpoint Training Center)
Summary: The Northpoint Training Center did not violate the Open Records Act when it denied a request for security camera footage that would pose a security threat to the Center if released. KRS 197.025(1). The Office lacks jurisdiction to consider the Center’s other denials because the inmate failed to appeal those denials within 20 days, as required under KRS 197.025(3).
https://ag.ky.gov/Resources/orom/2022/22-ORD-099.pdf
3. 22-ORD-100 (In re: Chad Heath/LaRue County Sheriff’s Office)
Summary: The LaRue County Sheriff’s Office did not violate the Open Records Act when it could not provide copies of records that do not exist within its possession.
https://ag.ky.gov/Resources/orom/2022/22-ORD-100.pdf
4. 22-ORD-101 (In re: Chad Heath/Kentucky State Police)
Summary: The Kentucky State Police did not violate the Open Records Act when it issued a timely response to a request to inspect records and when it stated affirmatively that it could not provide copies of records that do not exist within its possession.
https://ag.ky.gov/Resources/orom/2022/22-ORD-101.pdf
5. 22-ORD-102 (In re: Hugh Galloway/Office of Attorney General)
Summary: The Office of Attorney General did not violate the Open Records Act when it denied a request to inspect records that did not contain a statement affirming the requester’s status as a resident of the Commonwealth.
https://ag.ky.gov/Resources/orom/2022/22-ORD-102.pdf
6. 22-ORD-103 (In re: Thomas E. Clay/ Commonwealth’s Attorney, 21st Judicial Circuit)
Summary: The Commonwealth’s Attorney, 21st Judicial Circuit, violated the Open Records Act when he failed to cite an exception to the Act in denying a request to inspect records. The Commonwealth’s Attorney did not violate the Act when he withheld records pertaining to criminal investigations or criminal litigation under KRS 61.878(1)(h), but did violate the Act when he initially withheld records that were not exempt.
https://ag.ky.gov/Resources/orom/2022/22-ORD-103.pdf
7. 22-ORD-104 (In re: Thomas E. Clay/ Commonwealth’s Attorney, 20th Judicial Circuit)
Summary: The Commonwealth’s Attorney, 20th Judicial Circuit, did not violate the Open Records Act when he withheld records pertaining to criminal litigation under KRS 61.878(1)(h).
https://ag.ky.gov/Resources/orom/2022/22-ORD-104.pdf
8. 22-ORD-105 (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.
https://ag.ky.gov/Resources/orom/2022/22-ORD-105.pdf
9. 22-ORD-106 (In re: Chad Heath/Nelson Circuit Court Clerk)
Summary: The Open Records Act does not apply to records of the Nelson Circuit Court Clerk.
https://ag.ky.gov/Resources/orom/2022/22-ORD-106.pdf
10. 22-ORD-107 (In re: Chad Heath/Hardin Circuit Court Clerk)
Summary: The Open Records Act does not apply to records of the Hardin Circuit Court Clerk.
