The Kentucky Attorney General issued the following open records decisions last week:
1. 24-ORD-167 (In re: Christopher Hunt/Kentucky Board of Cosmetology)
Summary: The Kentucky Board of Cosmetology violated the Open Records Act when it did not respond to a request to inspect records within five business days. The Board 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-167.pdf
2. 24-ORD-168 (In re: Randal Kiper/Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary did not violate the Open Records Act when it denied a request for records that do not contain a specific reference to the requesting inmate.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-168.pdf
3. 24-ORD-169 (In re: Vivian Miles/Lexington Police Department)
Summary: The Lexington Police Department did not violate the Open Records Act when it could not provide records that do not exist.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-169.pdf
4. 24-ORD-170 (In re: Uriah Pasha/Department of Corrections)
Summary: The Department of Corrections violated the Open Records Act when it did not issue a notice to the requester containing the contact information of the Complex’s official records custodian as required by KRS 61.872(4).
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-170.pdf
5. 24-ORD-171 (In re: Eugene Wade/Kentucky State Penitentiary)
Summary: The Office cannot find that the Kentucky State Penitentiary violated the Open Records Act because the Office cannot resolve the factual dispute between the parties as to whether the requester received the agency’s response to his request.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-171.pdf
6. 24-ORD-172 (In re: Bradley Morris/Mayfield Police Department)
Summary: The Mayfield Police Department did not violate the Open Records Act when it did not grant a request for records that do not exist.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-172.pdf
7. 24-ORD-173 (In re: Kyle Thompson/Luther Luckett Correctional Complex)
Summary: The Office cannot find that the Luther Luckett Correctional Complex violated the Open Records Act when it did not respond to a request that it did not receive.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-173.pdf
8. 24-ORD-174 (In re: Scott McDonnell/Department of Corrections)
Summary: The Department of Corrections did not violate the Open Records Act when it denied a request for photos of a specific inmate that would pose a security threat to the Penitentiary if released. KRS 197.025(1).
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-174.pdf
9. 24-ORD-175 (In re: Laura O’Brien/Oldham County Police Department)
Summary: The Oldham County Police Department violated the Open Records Act when it denied a request for body-worn camera footage under KRS 189.635. To the extent body-worn camera footage may contain personal information, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, the Department may redact such footage in accordance with KRS 61.878(1)(a) and (4).
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-175.pdf
