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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-044 (In re: Donald Phillips/Lee County Adjustment Center)

Summary: The Lee County Adjustment Center violated the Open Records Act when it failed to respond to a request under the Act within five business days.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-044.pdf

2. 23-ORD-045 (In re: Leonel Martinez/Lee Adjustment Center)

Summary: The Lee Adjustment Center did not violate the Open Records Act when it denied a request for records that do not reference the Appellant. KRS 197.025(2). The Center also did not violate the Act when it denied a request because of the requester’s inability to pay for copies.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-045.pdf

3. 23-ORD-046 (In re: Chris Douglas Hawkins/Kentucky Department of Corrections)

Summary: The Kentucky Department of Corrections did not violate the Open Records Act when it responded 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-046.pdf

4. 23-ORD-047 (In re: Leslie Haun/Luther Luckett Correctional Complex)

Summary: The Luther Luckett Correctional Complex 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/2023-OROM/2023/23-ORD-047.pdf

5. 23-ORD-048 (In re: Marvin T. Pennington/Kentucky Department of Corrections)

Summary: The Eastern Kentucky Correctional Complex did not violate the Open Records Act when it denied a request for a record that does not currently exist within its possession. This Office cannot resolve the factual dispute of whether the Complex’s denial was timely issued.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-048.pdf

6. 23-ORD-049 (In re: Armstead Baylor/Eastern Kentucky Correctional Complex)

Summary: The Eastern Kentucky Correctional Complex violated the Open Records Act when it failed to inform a requesting inmate that certain records did not exist. However, the Complex did not violate the Act when it denied inspection of records that do not exist, records that do not contain a specific reference to the inmate, or records the disclosure of which would pose a security threat under KRS 197.025(1).

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-049.pdf

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