The Kentucky Attorney General issued the following open records decisions last week:
1. 23-ORD-237 (In re: J. Brooken Smith/Louisville/Jefferson County Metro Government & Louisville/Jefferson County Metro Government
Ethics Commission)
Summary: Louisville/Jefferson County Metro Government and the Louisville/Jefferson County Metro Ethics Commission violated the Open Records Act when they failed to respond to a request to inspect records within five business days. Neither Metro nor the Commission violated the Act when they did not provide records they do not possess.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-237.pdf
2. 23-ORD-238 (In re: Vivian Miles/Lexington Police Department)
Summary: The Lexington Police Department did not violate the Open Records Act when it did not provide records it does not possess.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-238.pdf
3. 23-ORD-239 (In re: Christopher Steward/Green River Correctional Complex)
Summary: The Green River Correctional Complex did not violate the Open Records Act when it denied a request for records that would constitute a security threat if released under KRS 197.025(1).
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-239.pdf
4. 23-ORD-240 (In re: James Harrison/Lee County Sheriff’s Office)
Summary: The Lee County Sheriff’s Office violated the Open Records Act when it failed to issue a timely response to a request to inspect records.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-240.pdf
5. 23-ORD-241 (In re: Christopher Shaughnessy/Cabinet for Health and Family Services)
Summary: The Cabinet for Health and Family Services violated the Open Records Act when it denied a request for emails under KRS 61.878(1)(i) without explaining how the exception applied to each category of emails withheld. The Cabinet also violated the Act when it failed to respond to a portion of a request.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-241.pdf
6. 23-ORD-242 (In re: Anita Ellison/Nelson County Judge/Executive’s Office)
Summary: The Nelson County Judge/Executive’s Office violated the Open Records Act when it failed to respond to requests for records within five business days.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-242.pdf
7. 23-ORD-243 (In re: Jeremiah Wolfork/Louisville-Jefferson County Public Defender Corporation)
Summary: The response of the Louisville–Jefferson County Public Defender Corporation technically was deficient under KRS 61.872(5) because it did not notify the Appellant of the earliest date on which the requested records would be available. But the Office declines to find that the Public Defender violated the Open Records Act because the records the Appellant requested are all exempt under KRS 61.878(1)(p). In addition, this Office has no jurisdiction to adjudicate the Appellant’s request for records made pursuant to authority other than the Act.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-243.pdf
8. 23-ORD-244 (In re: Telemachus Harrison/Estill County Board of Education)
Summary: The Office cannot find that the Estill County Board of Education violated the Open Records Act when it did not respond to a request to inspect records it claims it did not receive.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-244.pdf
9. 23-ORD-245 (In re: Demetrius Harrison/Estill County Board of Education)
Summary: The Office cannot find that the Estill County Board of Education violated the Open Records Act when it did not respond to a request to inspect records it claims it did not receive.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-245.pdf
10. 23-ORD-246 (In re: Janet Farrow/City of Vanceburg)
Summary: The City of Vanceburg violated the Open Records Act when it failed to respond to a request to inspect public records within five business days. However, the City did not violate the Act when it denied a request for records it did not possess at the time the request was made.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-246.pdf
11. 23-ORD-247 (In re: Mark Graham/Christian County Board of Education)
Summary: The Office cannot find that the Christian County Board of Education violated the Open Records Act because the Office cannot resolve the factual disputes between the parties.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-247.pdf
12. 23-ORD-248 (In re: Telemachus Harrison/Estill County Judge/Executive’s Office)
Summary: The Office cannot find that the Estill County Judge/Executive’s Office violated the Open Records Act when it did not respond to a request it claims it did not receive.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-248.pdf
13. 23-ORD-249 (In re: Elizabeth Harrison/Estill County Judge/Executive’s Office)
Summary: The Office cannot find that the Estill County Judge/Executive’s Office 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-249.pdf
