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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-032 )In re: Lawrence Trageser/Jeffersontown Fire Protection District)

Summary: The Jeffersontown Fire Protection District did not violate the Open Records Act when it did not provide a record that does not exist.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-032.pdf

2. 23-ORD-033 (In re: Uriah Pasha/Eastern Kentucky Correctional Complex)

Summary: The Eastern Kentucky Correctional Complex did not violate the Open Records Act when it did not provide records that do not exist in its possession.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-033.pdf

3. 23-ORD-034 (In re: Sebastian Kitchen/Kentucky Department of Agriculture)

Summary: The Kentucky Department of Agriculture violated the Open Records Act when it did not respond to a request to inspect records within five business days of receiving it.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-034.pdf

4. 23-ORD-035 (In re: Woodrow Lawson, Jr./Williamsburg Police Department)

Summary: This Office cannot find that the Williamsburg Police Department failed to issue a timely response to a request under the Open Records Act when it claims it did not receive that request.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-035.pdf

5. 23-ORD-036 (In re: Lawrence Trageser/Kentucky Department of Corrections)

Summary: This Office cannot find that the Kentucky Department of Corrections violated the Open Records Act because this Office is unable to resolve the factual dispute of whether a requester received a public agency’s response once the public agency provides proof that the response was mailed.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-036.pdf

6. 23-ORD-037 (In re: Eric Hermansen/Kentucky State Penitentiary)

Summary: To invoke the Attorney General’s statutory authority to review an agency’s response to a request submitted under the Open Records Act, the requester must provide a copy of his or her original request and the agency’s response thereto.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-037.pdf

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