The Kentucky Attorney General issued the following open records decisions last week:
1. 23-ORD-159 (In re: Brandon Thomas/Ohio County 911 Central Dispatch Center)
Summary: The Ohio County 911 Central Dispatch Center subverted the intent of the Open Records Act, within the meaning of KRS 61.880(4), when it did not meet its burden to show that fees assessed for copies of audio records reflected its actual costs of reproduction, as required under KRS 61.874(3).
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-159.pdf
2. 23-ORD-160 (In re: Stephen D. Gruner/Cabinet for Health and Family Services)
Summary: The Cabinet for Health and Family Services violated the Open Records Act when it failed to issue a response granting or denying a request and when it required a request be re-submitted by email that was mailed to its listed mailing address for such requests. However, the Cabinet did not violate the Act when it required the use of a CHFS-305 form to obtain copies of records that are confidential under KRS 209.140 and exempted from inspection under KRS 61.878(1)(l).
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-160.pdf
3. 21-ORD-161 (In re: Kentucky Innocence Project/Department of Corrections & Blackburn Correctional Complex)
Summary: The Department of Corrections violated the Open Records Act when it failed to state the exception authorizing the withholding of a record, but it did not violate the Act when it withheld a pending disciplinary violation under KRS 61.878(1)(j) because no final action had yet been taken. The Blackburn Correctional Complex did not violate the Act when it denied inspection of records the disclosure of which would pose a security threat under KRS 197.025(1).
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-161.pdf
4. 23-ORD-162 (In re: Darnell Chivers/Whitley County Detention Center)
Summary: The Whitley County Detention Center did not violate the Open Records Act when it did not provide a record that does not exist.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-162.pdf
5. 23-ORD-163 (In re: Scott Roberts/Muhlenberg County Clerk)
Summary: The Muhlenberg County Clerk violated the Open Records Act when she failed to appropriately respond to a request to inspect records.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-163.pdf
