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Seal of the Kentucky Attorney General’s Office

The Kentucky Attorney General issued the following open records decisions last week:

1. 23-ORD-026 (In re: Tyler Fryman/McCracken County Sheriff’s Office)

Summary: The McCracken County Sheriff’s Office did not violate the Open Records Act when the email address of its records custodian, listed on its website per KRS 61.876(2)(b), was temporarily inaccessible due to a technical error. However, the Sheriff’s Office misdirected the requester, within the meaning of KRS 61.880(4), when it represented that requests to inspect records could be submitted by facsimile to a number where “no fax machine [was] detected.”

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-026.pdf

2. 23-ORD-027 (In re: Glenn Odom/Kentucky State Penitentiary)

Summary: This Office cannot find the Kentucky State Penitentiary violated the Open Records Act when it provided what the requester considers to be an incomplete record.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-027.pdf

3. 23-ORD-028 (In re: Uriah Pasha/Kentucky Parole Board)

Summary: The Kentucky Parole Board did not violate the Open Records Act when it explained why it could not provide a copy of a record that no longer exists.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-028.pdf

4. 23-ORD-029 (In re: James Harrison/Eastern Kentucky Correctional Complex)

Summary: The Eastern Kentucky Correctional Complex did not violate the Open Records Act when it denied an inmate’s request for copies due to insufficient available funds in his inmate account. However, the Complex violated the Act when its response failed to state the total prescribed fee for the requested copies.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-029.pdf

5. 23-ORD-030 (In re: James Hightower/Northpoint Training Center)

Summary: The Northpoint Training Center did not violate the Open Records Act when it did not provide records that do not exist within its possession.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-030.pdf

6. 23-ORD-031 (In re: James Harrison/Eastern Kentucky Correctional Complex)

Summary: The Eastern Kentucky Correctional Complex violated the Open Records Act when it denied a request to inspect records that precisely described the records sought.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-031.pdf

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