The Kentucky Attorney General issued the following open records and open meetings decisions last week:
1. 22-ORD-054 (In re: David Pennington/Department of Agriculture)
Summary: The Department of Agriculture violated the Open Records Act when it denied portions of a request for records without explanation. However, the Department was not obligated to fulfill a request for information or a request that did not sufficiently describe the records sought.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-054.pdf
2. 22-ORD-055 (In re: Chris Hawkins/Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary did not subvert the Open Records Act, within the meaning of KRS 61.880(4), when it was not apparent that the Penitentiary charged more than 10 cents per page for copies of public records.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-055.pdf
3. 22-ORD-056 (In re: Carlos Thurman/Eastern Kentucky Correctional Complex)
Summary: The Office cannot find that the Eastern Kentucky Correctional Complex violated the Open Records Act when it could not provide copies of records that do not exist within its possession.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-056.pdf
4. 22-OMD-057 (In re: WCLU News/City of Glasgow)
Summary: The City of Glasgow violated the Open Meetings Act when it failed to issue a timely response to a complaint. The City also has not carried its burden of proof that KRS 61.810(1)(g) or the Model Procurement Code authorized the City to enter closed session to discuss a real estate development project.
https://www.ag.ky.gov/Resources/orom/2022/22-OMD-057.pdf
5. 22-ORD-058 (In re: Chad Heath/LaRue County Sheriff’s Office)
Summary: The LaRue County Sheriff’s Office violated the Open Records Act when it did not adopt, or post to its website, any rules or regulations containing its procedure for submitting requests under the Act.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-058.pdf
6. 22-ORD-059 (In re: Joshua Brandon/Warren County Commonwealth’s Attorney)
Summary: The Warren County Commonwealth’s Attorney did not violate the Open Records Act when he withheld records pertaining to criminal litigation under KRS 61.878(1)(h).
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-059.pdf
7. 22-ORD-060 (In re: Joseph Spiaggi/Jefferson County Property Valuation Administrator)
Summary: The Jefferson County Property Valuation Administrator subverted the Open Records Act, within the meaning of KRS 61.880(4), when it failed to respond to a request to inspect records within five business days.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-060.pdf
8. 22-ORD-061 (In re: WDRB News/Louisville Metro Police Department)
Summary: The Louisville Metro Police Department violated the Open Records Act when it withheld records related to the location of gunshot detecting microphones in Louisville that are in plain view on the public streets.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-061.pdf
9. 22-ORD-062 (In re: VICE News/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 within five business days. The Department did not violate the Act when it could not provide a record that does not exist.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-062.pdf
10. 22-ORD-063 (In re: Phillip D. Reynolds/Lawrence Circuit Court Clerk)
Summary: The Open Records Act does not apply to records of the Lawrence Circuit Court Clerk.
https://www.ag.ky.gov/Resources/orom/2022/22-ORD-063.pdf
11. 22-ORD-064 (In re: Jacta E. Alea/Henry Circuit Court Clerk)
Summary: The Open Records Act does not apply to records of the Henry Circuit Court Clerk.
