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

1. 24-ORD-061 (In re: Kenneth Tracy/Franklin County Planning and Building Codes Department)

Summary: The Franklin County Planning and Building Codes Department did not violate the Open Records Act when it did not provide records that do not exist.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-061.pdf

2. 24-ORD-062 (In re: Gretchen Stephenson/Planning and Development Services of Kenton County)

Summary: Planning and Development Services of Kenton County violated the Open Records Act when it denied a request for records without sufficiently explaining how an asserted privilege applied. The agency also violated the Act when it denied a request for pleadings because they were in the possession of its attorney. However, the agency did not violate the Act when it did not provide records that do not exist or records that were “notes” exempted from disclosure under KRS 61.878(1)(i).

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-062.pdf

3. 24-ORD-063 (In re: Gay Adelmann/Jefferson County Board of Education)

Summary: The Jefferson County Board of Education violated the Open Records Act when it failed to give a detailed explanation of the cause for delay and the earliest date when requested records would be available as required under KRS 61.872(5). The Board subverted the intent of the Act, within the meaning of KRS 61.880(4), by unreasonable delay of more than three months and by engaging in excessive extensions of time.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-063.pdf

4. 24-ORD-064 (In re: Ashley Gruner/Kentucky State Police)

Summary: The Kentucky State Police did not violate the Open Records Act when it 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-064.pdf