The Kentucky Attorney General issued the following open records decisions last week:
1. 23-ORD-213 (In re: Courtney Gilbert/Green County Clerk)
Summary: The Green County Clerk violated the Open Records Act (
when she failed to respond to a request to inspect records within five business days. The Clerk also violated the Act by charging a copying fee to facilitate redaction of an electronic record.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-213.pdf
2. 23-ORD-214 (In re: Leslie Haun/Luther Luckett Correctional Complex)
Summary: The Luther Luckett Correctional Complex did not violate the Open Records Act when it denied a request for records that are exempt from inspection under KRS 61.878(1)(i) and (j).
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-214.pdf
3. 23-ORD-215 (In re: Bobbie Coleman/Harlan County Clerk)
Summary: The Harlan County Clerk violated the Open Records Act when she imposed a fee in excess of the actual cost to reproduce a record.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-215.pdf
4. 23-ORD-216 (In re: Bobbie Coleman/Letcher County Clerk)
Summary: The Letcher County Clerk violated the Open Records Act when he failed to respond to a request for records within five business days. The Clerk did not violate the Act when he denied a request for records that do not exist.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-216.pdf
5. 23-ORD-217 (In re: Bradley Morris/Mayfield Police Department)
Summary: The Mayfield Police Department violated the Open Records Act when it failed to respond to a request within five business days of receiving it. The Office is unable to find that the Department violated the Act when it denied a request for records that do not exist.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-217.pdf
6. 23-ORD-218 (In re: Sarah Teague/Kentucky State Police)
Summary: The Kentucky State Police violated the Open Records Act when it failed to respond to a request for copies of public records within five business days of receiving it. However, the Office cannot resolve the factual dispute of whether all responsive records have since been provided, and it cannot adjudicate ancillary questions of law in an appeal brought under the Act.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-218.pdf
7. 23-ORD-219 (In re: Patrick Ormond/Bell County Forestry Camp)
Summary: The Office is unable to find that the Bell County Forestry Camp violated the Open Records Act when it denied a request for a record that does not exist. The Camp did not violate KRS 61.872(4) when it could not provide the name and location of the official records custodian of the requested record.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-219.pdf
8. 23-ORD-220 (In re: Marvin Pennington/Eastern Kentucky Correctional Complex)
Summary: The Office is unable to find that the Eastern Kentucky Correctional Complex violated the Open Records Act because the Office cannot resolve the factual dispute between the parties.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-220.pdf
9. 23-ORD-221 (In re: Carlos Harris/Kentucky Finance and Administration Cabinet)
Summary: The Kentucky Finance and Administration Cabinet did not violate the Open Records Act when it did not respond to a request it claims it did not receive. The Cabinet also did not violate the Act when it did not provide records that do not exist.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-221.pdf
10. 23-ORD-222
(In re: Raymond Lauk/Eastern Kentucky University)
Summary: Eastern Kentucky University violated the Open Records Act when it initially failed to explain how exceptions to the Act applied to certain records. However, the University did not violate the Act when, under KRS 61.878(1)(j), it withheld emails consisting of preliminary recommendations and expressions of opinion that were not adopted as the basis of final agency action.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-222.pdf
11. 23-ORD-223 (In re: Brooke Burkhart/Estill County Clerk)
Summary: The Estill County Clerk violated the Open Records Act when he failed to respond to a request to inspect records within five business days, and when he invoked KRS 61.872(5) but failed to dispense with the request by the date he said records would be available for inspection.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-223.pdf
