The Kentucky Attorney General issued the following open records decisions last week:
1. 23-ORD-296 (In re: Peter Cummins/Daviess County Fiscal Court)
Summary: The Daviess County Fiscal Court violated the Open Records Act when it denied a request to inspect records without explaining how the claimed exceptions applied to the records withheld. The Fiscal Court also violated the Act when it failed to separate exempt information from nonexempt information and provide the latter for inspection. However, the Fiscal Court did not violate the Act when it withheld several emails under KRS 61.878(1)(i) and (j).
2. 23-ORD-297 (In re: James Harrison/Eastern Kentucky Correctional Complex)
Summary: The Eastern Kentucky Correctional Complex violated the Open Records Act when it initially denied a request to inspect records under KRS 61.878(1)(h) but failed to explain how that exception applied to the record withheld. However, the Complex has substantiated on appeal that the records pertaining to an ongoing investigation are exempt under KRS 61.878(1)(j).
3. 23-ORD-298 (In re: Genevia Risner/City of Maysville)
Summary: The City of Maysville violated the Open Records Act when it conducted an inadequate search for records. However, the Office cannot find that the City violated the Act when it denied a request for a record it claims not to possess.
4. 23-ORD-299 (In re: Jerald Overton/Bell County Forestry Camp)
Summary: The Bell County Forestry Camp did not violate the Open Records Act when it denied a request for JPay emails exchanged between private parties because such records are not “public records” under KRS 61.870(2).
5. 23-ORD-300 (In re: Tatiana Rose/Bluegrass Area Development District)
Summary: The Bluegrass Area Development District violated the Open Records Act when it failed to respond to a request to inspect records within five business days.
November 6, 2023 In re: Dan Holman/City of Georgetown
Summary: The City of Georgetown did not violate the Open Records Act when it denied inspection of notes under KRS 61.878(1)(i).