The Kentucky Attorney General issued the following open records decisions last week:
1. 23-ORD-129 (In re: Morgan Adams/Cabinet for Health and Family Services)
Summary: The Cabinet for Health and Family Services violated the Open Records Act when it denied a request without adequately explaining how the exception on which it relied applied to the records it withheld. However, because the issues presented in this appeal are currently before the McCracken County Circuit Court, Family Division, this Office declines to render a decision on the merits of the appeal.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-129.pdf
2. 23-ORD-130 (In re: Carl Ball/Kentucky State Police)
Summary: The Kentucky State Police did not violate the Open Records Act when it did not provide records that do not exist.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-130.pdf
3. 23-ORD-131 (In re: Donald R. Phillips/Finance and Administration Cabinet)
Summary: The Finance and Administration Cabinet did not violate the Open Records Act when it denied a request for records that it does not possess.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-131.pdf
4. 23-ORD-132 (In re: Uriah Pasha/Eastern Kentucky Correctional Complex)
Summary: The Eastern Kentucky Correctional Complex violated the Open Records Act when it did not respond to a request to inspect records within five business days.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-132.pdf
5. 23-ORD-133 (In re: Carlos Harris/Wellpath, LLC)
Summary: In the absence of evidence that Wellpath, LLC receives at least 25% of its funds expended in Kentucky from state or local authority funds, Wellpath is not a public agency under the Open Records Act.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-133.pdf
6. 23-ORD-134 (In re: J. Brooken Smith/Louisville/Jefferson County Metro Government & Louisville/Jefferson County Metro)
Summary: Louisville/Jefferson County Metro Government and the Louisville/Jefferson County Metro Ethics Commission violated the Open Records Act when they invoked KRS 61.872(5) to delay access to records and failed to provide the records by the date promised. Neither agency has carried its burden that a delay of one month to provide requested records is reasonable.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-134.pdf
7. 23-ORD-135 (In re: J. Brooken Smith/Louisville Metro Government)
Summary: The Louisville Metro Government violated the Open Records Act when it failed to make a timely response to two open records requests.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-135.pdf
8. 23-ORD-136 (In re: Nicole Henson/Office of Attorney General)
Summary: The Office of Attorney General (“the Office”) did not subvert the intent of the Open Records Act, within the meaning of KRS 61.880(4), when it provided records it reasonably believed were responsive to a request.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-136.pdf
