The Kentucky Attorney General issued the following open records decisions last week:
1. 23-ORD-233 (In re: Denise Gillman/Oldham County Schools)
Summary: Oldham County Schools violated the Open Records Act when it invoked KRS 61.872(5) to delay access to records without notifying the requester of the earliest date on which the records would be available. However, the District’s delay of ten days to provide responsive records was reasonable. The District did not violate the Act when it did not provide a record that does not exist.
2. 23-ORD-234 (In re: Ronald Godsey/Department of Criminal Justice Training)
Summary: The Department of Criminal Justice Training violated the Open Records Act when it failed to establish by clear and convincing evidence that repeated requests were unduly burdensome or intended to disrupt essential agency functions under KRS 61.872(6). The Department did not violate the Act when it withheld attorney-client communications or when it withheld preliminary records under KRS 61.878(1)(i) or (j) that did not relate to the requesting employee within the meaning of KRS 61.878(3).
3. 23-ORD-235 (In re: Richard D. Jones/Kentucky State Police)
Summary: The Kentucky State Police violated the Open Records Act when it failed to respond to a request within five days of receiving that request.
4. 23-ORD-236 (In re: Quandarious Taylor/Green River Correctional Complex)
Summary: The Green River Correctional Complex did not violate the Open Records Act when it denied inspection of records the disclosure of which would pose a security threat under KRS 197.025(1).