The Kentucky Attorney General issued the following open records decisions last week:
1. 23-ORD-001 (In re: Nick Wallingford/Finance and Administration Cabinet)
Summary: The Finance and Administration Cabinet violated the Open Records Act when it partially denied a request for records without citing the specific exemption on which it relied to deny the request. However, the Cabinet did not violate the Act when it withheld records pertaining to the state procurement process under KRS 61.878(1)(o) because the contract had not yet been awarded at the time of the request.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-001.pdf
2. 23-ORD-002 (In re: Melanie Barker/ Cabinet for Health and Family Services)
Summary: The Cabinet for Health and Family Services violated the Open Records Act when it did not respond to a request to inspect records within five business days of receipt or otherwise notify the requester of the proper email address to submit her requests. See KRS 61.872(4). The Cabinet did not violate the Act when it denied requests for records that do not exist in its possession.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-002.pdf
3. 23-ORD-003 (In re: The Kentucky Democratic Party/City of Somerset)
Summary: The City of Somerset violated the Open Records Act when it failed to notify the Appellant within five business days whether it would comply with six requests to inspect records it received from the requester on the same day.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-003.pdf
