The Kentucky Attorney General issued the following open records decisions last week:
1. 23-ORD-313 (In re: Ben J. Wyatt/Kentucky State Police)
Summary: The Kentucky State Police subverted the intent of the Open Records Act when it invoked KRS 61.872(5) but did not explain why it was necessary to delay access to requested records by more than a month, and then subsequently failed to make the records available on the earliest date by which it said the records would be made available.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-313.pdf
2. 23-ORD-314 (In re: Nick Horne/Kentucky State Police)
Summary: The Kentucky State Police did not violate the Open Records Act when it denied inspection of public records that are exempt under KRS 61.878(1)(h) and KRS 17.150(2).
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-314.pdf
3. 23-ORD-315 (In re: Shari Morris/Barren County Detention Center)
Summary: The Barren County Detention Center did not violate the Open Records Act when it denied a portion of the request that sought information without describing public records to be inspected. However, the Center violated the Act when it denied part of the request under KRS 61.872(6) without clear and convincing evidence that the request was intended to disrupt its essential functions. The Center also violated the Act when it failed to post on its website its rules and regulations for submitting requests to inspect records and the contact information of its official records custodian.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-315.pdf
