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Official seal of the Office of the Kentucky Attorney General

The Kentucky Attorney General issued the following open records and open meetings decisions last week:

1. 22-ORD-186 (In re: Iris Skidmore/Office of the Attorney General)

Summary: The Office of the Attorney General did not violate the Open Records Act when it withheld from inspection records exempt under the attorney-client privilege.

https://ag.ky.gov/Resources/orom/2022/22-ORD-186.pdf

2. 22-OMD-187 (In re: J. Albert Harrison/Oldham County Ethics Commission)

Summary: The Oldham County Ethics Commission violated the Open Meetings Act when it failed to provide an agenda in its notice of a special meeting. Although the Commission did not give notice of the reason for a closed session or the specific provision of KRS 61.810 authorizing a closed session, and took final action in closed session, it did not thereby violate the Act because KRS 61.815(2) exempts deliberations of a quasi-judicial body from the requirements of KRS 61.815(1).

https://ag.ky.gov/Resources/orom/2022/22-OMD-187.pdf

3. 22-ORD-188 (In re: Matthew Miller/Mercer County School District)

Summary: The Mercer County School District subverted the Open Records Act, within the meaning of KRS 61.880(4), when it required a request to be submitted directly to its attorney using a specific form.

https://ag.ky.gov/Resources/orom/2022/22-ORD-188.pdf

4. 22-ORD-189 (In re: Shawntele Jackson/Eastern Kentucky Correctional Complex)

Summary: Eastern Kentucky Correctional Complex did not violate the Act when it did not provide records that do not exist, or when it denied a request for security camera footage that would pose a security threat to the Complex if released. KRS 197.025(1).

https://ag.ky.gov/Resources/orom/2022/22-ORD-189.pdf

5. 22-ORD-190 (In re: Kurt Wallace/Kentucky Finance and Administration Cabinet)

Summary: The Kentucky Finance and Administration Cabinet violated the Open Records Act when it did not initially respond to two of three subparts to a request to inspect records. However, the Cabinet did not violate the Act when it provided all responsive records that exist within its possession.

https://ag.ky.gov/Resources/orom/2022/22-ORD-190.pdf

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