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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. 24-ORD-138 (In re: Makeda Charles/Spirit Airlines)

Summary: The Office cannot find that Spirit Airlines violated the Open Records Act because the Office cannot find that it is a “public agency” subject to the Act.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-138.pdf

2. 24-ORD-139 (In re: Brock Hanley/Green River Correctional Complex)

Summary: The Green River Correctional Complex did not violate the Open Records Act when it redacted certain material from an inmate risk assessment under KRS 439.510 and copyrighted portions of the assessment under 17 U.S.C. § 106.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-139.pdf

3. 24-ORD-140 (In re: Makeda Charles/Central State Hospital)

Summary: The Office cannot find that the Central State Hospital violated the Open Records Act because the Office is unable to resolve the factual dispute between the parties about whether the Hospital received a request for records.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-140.pdf

4. 24-ORD-141 (In re: Jerry Grooms/Fayette County Public Schools)

Summary: The Fayette County Public Schools did not violate the Open Records Act when it denied a request seeking information without describing any public records to be inspected.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-141.pdf

5. 24-ORD-142 (In re: Ty Adam Mullins/Boone County Conservation District)

Summary: The Office cannot find that the Boone County Conservation District violated the Open Records Act when it provided what the Appellant considered to be an incomplete record.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-142.pdf

6. 24-ORD-143 (In re: John Barrow/City of Strathmoor Village)

Summary: The City of Strathmoor Village violated the Open Records Act when it failed to respond to a request for public records within five business days. The City also violated the Act when it denied a request for public records without citing a statutory exemption and explaining how it applied to the records withheld. The City did not violate the Act when it could not provide records that are not within its possession, custody, or control, but violated the Act when it withheld records in their entirety instead of redacting the exempted material and providing the nonexempt portions.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-143.pdf

7. 24-ORD-144 (In re: Bethany Davis/Department of Insurance)

Summary: The Department of Insurance did not violate the Open Records Act when it denied a request that did not sufficiently describe the public records sought.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-144.pdf

8. 24-ORD-145 (In re: Rebekah Atkins/Jefferson Circuit Court Clerk)

Summary: The Open Records Act does not apply to records of the Jefferson Circuit Court Clerk.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-145.pdf

9. 24-ORD-146 (In re: Makeda Charles/City of Louisville)

Summary: The City of Louisville violated the Open Records Act when it failed to respond to a request made under the Act.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-146.pdf

10. 24-ORD-147 (In re: Uriah M. Pasha/Kentucky Court of Appeals)

Summary: The Open Records Act does not apply to the records of the Kentucky Court of Appeals.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-147.pdf

11. 24-ORD-148 (In re: Gabrielle Sorresso/Kentucky Cabinet for Health and Family Services)

Summary: The Kentucky Cabinet for Health and Family Services did not violate the Open Records Act when it partially denied a request for records because the requester is not a resident of the Commonwealth.

https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-148.pdf

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