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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-154 (In re: Makeda Charles/Louisville-Jefferson County Department of Corrections)

Summary: The Louisville-Jefferson County Department of Corrections did not violate the Open Records Act when it notified a requester that it was not the custodian of records for the record sought and provided the requester with the contact information of the records custodian of the agency likely to possess the requested record. The Department also did not violate the act when it denied a request under KRS 197.025(1) for security footage that if released would constitute a security threat. Finally, the Department did not violate the Act when it did not provide records that do not exist.

2. 24-ORD-155 (In re: Makeda Charles/Jefferson County Attorney)

Summary: The Jefferson County Attorney did not violate the Open Records Act when he withheld records pertaining to criminal litigation under KRS 61.878(1)(h).

3. 24-ORD-156 (In re: Makeda Charles/Federal Bureau of Investigation)

Summary: The Office cannot find that the Federal Bureau of Investigation violated the Open Records Act because the FBI is a federal agency not subject to the Act.

4. 24-ORD-157 (In re: Davy Jones/University of Kentucky)

Summary: The University of Kentucky violated the Open Records Act when it partially denied a request for records without explaining how the cited exemptions applied to the records it withheld. On appeal, the University carried its burden of showing that KRS 61.878(1)(i) applied to withhold preliminary drafts. However, the University violated the Act when it withheld a “Statement of Work” that was neither a preliminary draft under KRS 61.878(1)(i) nor a preliminary memorandum under KRS 61.878(1)(j).

5. 24-ORD-158 (In re: John Scarborough/Mead County Ethics Commission)

Summary: The Mead County Ethics Commission violated the Open Records Act when it failed to respond to a request under the Act.



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