The Kentucky Attorney General issued the following open meetings and open records decisions last week:
1. 22-OMD-236 (In re: Kurt Wallace/Jefferson County Site-Based Decision Making Council Appeals Board)
Summary: The Office cannot find that the Jefferson County Site- Based Decision Making Council Appeals Board violated the Open Meetings Act when it is unclear from this record whether it imposed a condition of attendance at its meetings.
2. 22-ORD-237 (In re: Darnell Chivers/Grayson County Detention Center)
Summary: The Grayson County Detention Center did not subvert the Open Records Act, within the meaning of KRS 61.880(4), when it did not provide records that do not exist.
3. 22-ORD-238 (In re: Ronald Williams/Eastern Kentucky Correctional Complex)
Summary: The Eastern Kentucky Correctional Complex violated the Open Records Act when it denied a request because the record was in storage. The Complex did not violate the Open Records Act when it did not provide a record that does not exist in its possession.
4. 22-ORD-239 (In re: Perry Probus/Louisville Metro Police Department)
Summary: The Louisville Metro Police Department violated the Open Records Act when it failed to respond to a request for records. The Department did not violate the Act when it did not provide records that do not exist in its possession.
5. 22-ORD-240 (In re: Gaye Ballard/City of Bardstown)
Summary: The City of Bardstown violated the Open Records Act when it withheld public records without identifying them and explaining how a statutory exemption applies. The City did not violate the Act when it withheld W-4 forms under KRS 61.878(1)(a) or when it did not provide records that were not clearly within the scope of the request.
6. 22-ORD-241 (In re: Marcus Little/Christian County Jail)
Summary: The Christian County Jail violated the Open Records Act when it denied, under KRS 61.872(3)(b), a request that precisely described the records sought. The Jail also violated the Act when it denied entirely a request for its policies and procedures under KRS 197.025(1) instead of separating exempt information from nonexempt information and providing the latter as required under KRS 61.878(4).
7. 22-ORD-242 (In re: Carlos Harris/Eastern Kentucky Correctional Complex)
Summary: The Office is unable to find that the Eastern Kentucky Correctional Complex violated the Open Records Act when it failed to fully respond to a request and failed to state the specific exception authorizing a denial because the request did not precisely describe the records sought. However, the Complex did not violate the Act when it denied a request for a record that does not exist within its possession. An agency is not required to create a record to satisfy a request under the Act.
8. 22-ORD-243 (In re: Robin Vessels/City of LaGrange)
Summary: The City of LaGrange violated the Open Records Act when it failed to respond to a request within five business days.