The Kentucky Attorney General issued the following open records decisions last week:
1. 22-ORD-108 In re: Deon’tae Williams/Kentucky State Penitentiary
Summary: A request that a public agency preserve a record for future inspection is not a request to inspect a public record under the Open Records Act.
https://ag.ky.gov/Resources/orom/2022/22-ORD-108.pdf
2. 22-ORD-109 (In re: Phillip Hamm/McCracken County Sheriff’s Office)
Summary: The McCracken County Sheriff’s Office violated the Open Records Act when it denied a request for records without citing an exception to the Act or explaining how the exception applied to the records withheld.
https://ag.ky.gov/Resources/orom/2022/22-ORD-109.pdf
3. 22-ORD-110 (In re: Christopher Cecil/Farmdale Water District)
Summary: The Farmdale Water District did not violate the Open Records Act when it did not answer a question pertaining to open records that did not contain an actual request to inspect records.
https://ag.ky.gov/Resources/orom/2022/22-ORD-110.pdf
4. 22-ORD-111 (In re: Lewis Davenport/Kentucky State Reformatory)
Summary: The Kentucky State Reformatory did not violate the Open Records Act when it denied an inmate’s request for personal communications exchanged with third parties using the JPay email system.
https://ag.ky.gov/Resources/orom/2022/22-ORD-111.pdf
5. 22-ORD-112 (In re: David Webster/Christian County Board of Education)
Summary: The Christian County Board of Education did not violate the Open Records Act when it redacted bank account numbers from purchase orders, as the disclosure of account numbers places an unreasonable burden on a public agency.
https://ag.ky.gov/Resources/orom/2022/22-ORD-112.pdf
6. 22-ORD-113 (In re: George Wade/Jefferson Circuit Court Clerk)
Summary: The Open Records Act does not apply to records of the Jefferson Circuit Court Clerk.
https://ag.ky.gov/Resources/orom/2022/22-ORD-113.pdf
7. 22-ORD-114 (In re: WDRB News/Jeffersontown Fire Protection District)
Summary: The Jeffersontown Fire Protection District did not violate the Open Records Act when it denied a request for records that do not exist. However, the District violated the Act when it failed to inform the requester that the records did not exist.
https://ag.ky.gov/Resources/orom/2022/22-ORD-114.pdf
8. 22-ORD-115 (In re: Christopher Cecil/Franklin County Fiscal Court)
Summary: The Franklin County Fiscal Court 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-115.pdf
9. 22-ORD-116 (In re: Ernest Pasley/Kentucky State Police)
Summary: The Kentucky State Police violated the Open Records Act when it failed to issue a timely response. However, it did not violate the Act when it could not produce for inspection a copy of a record that does not exist within its possession.
https://ag.ky.gov/Resources/orom/2022/22-ORD-116.pdf
10. 22-ORD-117 (In re: Roger Allcock/Kentucky Department of Fish and Wildlife)
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-117.pdf
