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Official seal of the Office of the Kentucky Attorney General

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

1. 23-ORD-343 (In re: Anne Coorssen/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 providing a detailed explanation for the cause of the delay. But the District’s delay in producing records within 10 business days of receiving the request was not unreasonable. The District also violated the Act when it denied a request as unreasonably burdensome without substantiating the denial with clear and convincing evidence.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-343.pdf

2. 23-ORD-344 (In re: Joshua Powell/Hardin County Detention Center)

Summary: The Hardin County Detention Center did not violate the Open Records Act when it denied a request for copies of inmate recordings that are purely personal communications under KRS 61.878(1)(s).

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-344.pdf

3. 23-ORD-345 (In re: Kenneth Tracy/City of Frankfort)

Summary: The City of Frankfort violated the Open Records Act when it denied a request for records without explaining how the exception on which it relied applied to the records withheld.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-345.pdf

4. 23-ORD-346 (In re: Nicolas Horne/Louisville Metro Government)

Summary: Louisville Metro Government (“Metro”) subverted the intent of the Open Records Act, within the meaning of KRS 61.880(4), when it delayed access to records for six months without proper justification.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-346.pdf

5. 23-ORD-347 (In re: Jerry D. Lotz/Louisville Metro Department of Corrections)

Summary: Louisville Metro Department of Corrections did not violate the Open Records Act when it denied an inmate’s request for records that do not contain a specific reference to him.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-347.pdf

6. 23-ORD-348 (In re: John Cheves/Department of Corrections)

Summary: The Department of Corrections subverted the intent of the Open Records Act, within the meaning of KRS 61.880(4), when it sought extensive extensions of time to produce responsive records.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-348.pdf

7. 23-ORD-349 (In re: Craig D. Miller/University of Kentucky)

Summary: The University of Kentucky did not violate the Open Records Act when it denied a request that failed to “precisely describe” public records to be inspected.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-349.pdf

8. 23-ORD-350 (In re: Gerald Chapman/Daviess County Public Library)

Summary: The Daviess County Public Library did not violate the Open Records Act when it provided all responsive records in its custody or control.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-350.pdf

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