The Kentucky Attorney General issued the following open records decisions last week:
1. 24-ORD-202 (In re: Jon Griggs/McCracken County Circuit Court Clerk)
Summary: The Open Records Act does not apply to the McCracken County Circuit Court Clerk.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-202.pdf
2. 24-ORD-203 (In re: Shiann Sharpe/City of Georgetown)
Summary: The City of Georgetown violated the Open Records Act when it did not respond to a request for records within five business days of receiving it.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-203.pdf
3. 24-ORD-204 (In re: Donald R. Phillips/Lee Adjustment Center)
Summary: The Office cannot find that the Lee Adjustment Center violated the Open Records Act because the Office cannot resolve the factual dispute between the parties.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-204.pdf
4. 24-ORD-205 (In re: Marcus Laytham/City of Mount Washington)
Summary: The City of Mount Washington violated the Open Records Act when it failed to perform an adequate search and timely fulfill a request for records. However, the Office cannot find that the City possesses additional responsive records that it has not provided.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-205.pdf
5. 24-ORD-206 (In re: James Gentry/Christian County Jail)
Summary: The Christian County Jail did not violate the Open Record Act when it did not provide records that are not in its possession.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-206.pdf
6. 24-ORD-207 (In re: Thomas Law Offices/Kentucky Board of Medical Licensure)
Summary: The Kentucky Board of Medical Licensure violated the Open Record Act when it failed to appropriately respond to a request to inspect records. The Board also violated the Act, within the meaning of KRS 61.880(4), when it required a request to be resubmitted using a specific form. The Board did not violate the Act when it did not provide records it cannot locate based on the description provided in the request.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-207.pdf
7. 24-ORD-208 (In re: Vivian Miles/Lexington Police Department)
Summary: The Lexington Police Department violated the Open Records Act when it failed to establish by clear and convincing evidence that repeated requests were unduly burdensome or intended to disrupt essential agency functions under KRS 61.872(6). The Department did not violate the Act when it could not provide records that do not exist or when it directed the Appellant to the official custodian of the requested records.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-208.pdf
8. 24-ORD-209 (In re: Blake Gober/Pulaski County School District)
Summary: The Pulaski County School District did not violate the Open Records Act when it determined a request posed an unreasonable burden under KRS 61.872(6).
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-209.pdf
9. 24-ORD-210 (In re: Laura O’Brien/Oldham County School District)
Summary: The Oldham County School District did not violate the Open Records Act when, under KRS 61.878(1)(j), it withheld written survey responses consisting of preliminary recommendations and expressions of opinion that were not adopted as the basis of final agency action.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-210.pdf
10. 24-ORD-211
September 27, 2024 In re: Buster Chandler/Department of Public Advocacy
Summary: The Department of Public Advocacy did not violate the Open Records Act when it did not respond to a request it claims it did not receive. The Department also did not violate the Act when it did not produce records exempt under KRS 61.878(1)(p).
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-211.pdf
11. 24-ORD-212 (In re: Sarah Thomas/University of Kentucky)
Summary: The University of Kentucky violated the Open Records Act when it failed to grant or deny a request made under the Act within five business days or properly invoke KRS 61.872(5) to delay the production of public records beyond five business days.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-212.pdf
12. 24-ORD-213 (In re: Matthew Belrose/Hardin County 911 Center)
Summary: The Hardin County 911 Center violated the Open Record Act when it withheld records under KRS 61.878(1)(j).
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-213.pdf
