The Kentucky Attorney General issued the following open records decisions last week:
1. 24-ORD-038 (In re: Robert Mattheu/Boyle County Board of Education)
Summary: The Boyle County Board of Education violated the Open Records Act when it partially denied a request for records without explaining how the cited exceptions applied to the records it withheld. On appeal, the Board met its burden of proof that certain records were exempt from disclosure under KRS 61.878(1)(i) or protected by attorney-client privilege. The requester did not present a prima facie case that the Board failed to conduct an adequate search or failed to provide all responsive nonexempt records.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-038.pdf
2. 23-ORD-039 (In re: Matthew DeMarcus/City of Olive Hill)
Summary: The City of Olive Hill violated the Open Records Act when it failed to respond to a request for records within five business days.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-039.pdf
3. 24-ORD-040 (In re: James Harrison/Lee County Sheriff’s Office)
Summary: The Office cannot find that the Lee County Sheriff’s Office violated the Open Records Act because the Office cannot resolve the factual dispute between the parties concerning receipt of a request for records.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-040.pdf
4. 24-ORD-041 (In re: Gabrielle Lehrmann/Louisville Metro Police Department)
Summary: The Louisville Metro Police Department violated the Open Records Act when it denied a request to inspect records without explaining how the cited exception applied to the records withheld. However, the Department has corrected its violation on appeal and has properly denied a request for intelligence and investigative reports before prosecution has concluded or a determination declining prosecution has been made.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-041.pdf
5. 24-ORD-042 (In re: Jimmy Henderson/Logan County Sheriff’s Office)
Summary: The Logan County Sheriff’s Office violated the Open Records Act when it did not respond to a request to inspect records. The Sheriff’s Office did not violate the Act when it denied portions of three requests that sought information without describing public records to be inspected. The Sheriff’s Office also did not violate the Act when it did not provide records that do not exist.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-042.pdf
6. 24-ORD-043 (In re: Ben Richard/Justice and Public Safety Cabinet)
Summary: The Office lacks jurisdiction to consider the Cabinet’s denial of a request to inspect records made under the Open Records Act because the inmate requester failed to appeal the denial within 20 days, as required by KRS 197.025(3).
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-043.pdf
7. 24-ORD-044 (In re: Phillip Hamm/McCracken County Sheriff’s Office)
Summary: The McCracken County Sheriff’s Office did not violate the Open Records Act when it denied a request for certified copies of records or records that do not exist. The Sheriff’s Office also did not violate the Act when it requested a resident of the county where the records are located to make an appointment to inspect records in person. The Act does not require the Sheriff’s Office to comply with a request for electronic records in nonstandard format.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-044.pdf
