The Kentucky Attorney General issued the following open records and open meetings decisions last week:
1. 22-OMD-211 (In re: Lynette Warner/Graves County Board of Education)
Summary: The Graves County Board of Education did not violate the Open Meetings Act when it issued a timely written response to a complaint. The Act does not require a public agency to adhere to Robert’s Rules of Order or any other type of parliamentary procedure during a meeting.
https://ag.ky.gov/Resources/orom/2022/22-OMD-211.pdf
2. 22-ORD-212 (In re: Michael Yeomans/McCracken County Detention Center)
Summary: The McCracken County Detention Center violated the Open Records Act when it failed to respond to a request for records.
https://ag.ky.gov/Resources/orom/2022/22-ORD-212.pdf
3. 22-ORD-213 (In re: Charlotte Flanary/University of Kentucky)
Summary: The University of Kentucky violated the Open Records Act when it failed to respond to portions of a request for records in accordance with KRS 61.880(1). The University subverted the intent of the Act, within the meaning of KRS 61.880(4), when it demanded that a requester narrow the scope of a request that precisely described the records as required under KRS 61.872(3)(b).
https://ag.ky.gov/Resources/orom/2022/22-ORD-213.pdf
4. 22-ORD-214 (In re: Phillip Hamm/McCracken County Sheriff’s Office)
Summary: The McCracken County Sheriff’s Office violated the Open Records Act when it failed to respond to a request for records.
https://ag.ky.gov/Resources/orom/2022/22-ORD-214.pdf
5. 22-ORD-215 (In re: Darnell Chivers/Fayette County Detention Center)
Summary: Because a person seeking this Office’s review of a denial of a request to inspect records must provide “a copy of the written request,” KRS 61.880(2)(a), the Office lacks jurisdiction to review a public agency’s denial if the request was communicated orally.
https://ag.ky.gov/Resources/orom/2022/22-ORD-215.pdf
6. 22-ORD-216 (In re: Justin Decker/Breckinridge County Detention Center)
Summary: This Office cannot find that the Breckinridge County Detention Center violated the Open Records Act when it did not respond to a request to inspect records that it claims it never received.
https://ag.ky.gov/Resources/orom/2022/22-ORD-216.pdf
7. 22-ORD-218 (In re: Richard Goins/Transportation Cabinet)
Summary: The Transportation Cabinet violated the Open Records Act when it failed to respond to requests for public records. The Cabinet also violated the Act when it attempted to require the use of a particular form in submitting an open records request.
