The Kentucky Attorney General issued the following open records decisions last week:
1. 22-ORD-132 (In re: Marcus Green/Louisville Metro Police Department)
Summary: The Louisville Metro Police Department violated the Open Records Act when it failed to issue a response to a request within five business days or invoke KRS 61.872(5) to delay access. The Department also violated the Act when it failed to explain how its cited exceptions allowed it to withhold some records and restrict access to other records. However, the Department did not violate the Act when it denied a request for records under KRS 197.025(1) as a security threat.
https://ag.ky.gov/Resources/orom/2022/22-ORD-132.pdf
2. 22-ORD-133 (In re: Lawrence Trageser/Jeffersontown Fire Protection District
Summary: The Jeffersontown Fire Protection District subverted the intent of the Open Records Act, within the meaning of KRS 61.880(4), when it invoked KRS 61.872(5) but did not explain why a delay of eighteen days was necessary to provide one page of responsive records.
https://ag.ky.gov/Resources/orom/2022/22-ORD-133.pdf
3. 22-ORD-134 (In re: Lawrence Trageser/Jeffersontown Fire Protection District)
Summary: The Jeffersontown Fire Protection District subverted the intent of the Open Records Act, within the meaning of KRS 61.880(4), when it invoked KRS 61.872(5) but could not explain why a delay of eighteen days was necessary to provide two pages of responsive records.
https://ag.ky.gov/Resources/orom/2022/22-ORD-134.pdf
4. 22-ORD-135 (In re: Robin Lee Moore/Eastern Kentucky Correctional Complex)
Summary: The Eastern Kentucky Correctional Complex did not violate the Open Records Act when it denied an inmate’s request for a record that does not exist in the Complex’s possession. However, the Complex violated the Act when it failed to inform the inmate that it did not possess such a record.
https://ag.ky.gov/Resources/orom/2022/22-ORD-135.pdf
5. 22-ORD-136 (In re: Roger Allcock/Tourism, Arts and Heritage Cabinet)
Summary: The Tourism, Arts and Heritage Cabinet did not violate the Open Records Act when it denied a request for records protected by the attorney-client privilege, or when it was unable to locate records in addition to those provided to the requester in response to a previous request.
https://ag.ky.gov/Resources/orom/2022/22-ORD-136.pdf
6. 22-ORD-137 (In re: Shawn Pursley/Kentucky Parole Board)
Summary: The Kentucky Parole Board did not violate the Open Records Act when it did not provide copies of records that do not exist in its possession.
https://ag.ky.gov/Resources/orom/2022/22-ORD-137.pdf
