The Kentucky Attorney General issued the following open records and open meetings decisions last week:
1. 22-ORD-256 (In re: Tami Bauer/Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary did not violate the Open Records Act when it did not provide records that do not exist.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-256.pdf
2. 22-ORD-257 (In re: Mary Rowe/City of Salyersville)
Summary: The City of Salyersville violated the Open Records Act when it delayed access to records without invoking KRS 61.872(5) or providing a detailed explanation for the delay.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-257.pdf
3. 22-OMD-258 (In re: Kurt Wallace/Jefferson County Board of Education)
Summary: The Jefferson County Board of Education violated the Open Meetings Act when it imposed a condition of attendance in violation of the Act.
https://www.ag.ky.gov/Resources/orom/2022/22-OMD-258.pdf
4. 22-ORD-259 (In re: Tony Young/City of Campbellsville)
Summary: The City of Campbellsville did not violate the Open Records Act when it did not provide records that do not exist within its possession.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-259.pdf
5. 22-ORD-260 (In re: College Heights Herald/Western Kentucky University)
Summary: Western Kentucky University violated the Open Records Act when it failed to cite an exception to the Act and explain how it applied to the record withheld. The University also did not meet its burden to support redacting information from a contract under KRS 61.878(1)(c)1. Such information is only exempt when it is confidentially disclosed to an agency and generally recognized as confidential or proprietary, and its disclosure would permit an unfair commercial advantage to competitors.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-260.pdf
6. 22-ORD-261 (In re: Kristin Simonson/Spencer County Clerk)
Summary: The Spencer County Clerk violated the Open Records Act when it did not respond to two requests to inspect records within five business days. This Office is unable to adjudicate the factual dispute raised by the Appellant.
