The Kentucky Attorney General issued the following open records decisions last week:
1. 22-ORD-200 (In re: Jake Thompson/Kentucky State Police)
Summary: The Office cannot find that the Kentucky State Police violated the Open Records Act when it did not respond to a request to inspect records that it claims it did not receive.
https://ag.ky.gov/Resources/orom/2022/22-ORD-200.pdf
2. 22-ORD-201 (In re: Kurt Wallace/Jefferson County Judge/Executive)
Summary: This Office cannot find that the Jefferson County Judge/Executive’s Office violated the Open Records Act when it failed to respond to a request under the Act that it claims it never received.
https://ag.ky.gov/Resources/orom/2022/22-ORD-201.pdf
3. 22-ORD-202 (In re: Chad Walker/City of Winchester)
Summary: The City of Winchester violated the Open Records Act when it did not respond to a request to inspect records.
https://ag.ky.gov/Resources/orom/2022/22-ORD-202.pdf
4. 22-ORD-203 (In re: Phillip Hamm/McCracken County Sheriff’s Office)
Summary: The McCracken County Sheriff’s Office did not violate the Open Records Act when it denied a request for a record that is exempt from inspection under KRS 17.150(2). However, the Sheriff’s Office failed to carry its burden of proof that it timely responded to the request.
https://ag.ky.gov/Resources/orom/2022/22-ORD-203.pdf
5. 22-ORD-204 (In re: Sebastian Kitchen/Department of Agriculture)
Summary: The Department of Agriculture violated the Open Records Act when it failed to explain how specific exemptions applied to the records withheld. However, the Department did not violate the Act when it withheld communications of staff members that were exempt from disclosure under KRS 61.878(1)(i) or (j).
https://ag.ky.gov/Resources/orom/2022/22-ORD-204.pdf
6. 22-ORD-205 (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 within five business days. The Sheriff’s Office did not violate the Act when it relied on KRS 17.150(2) to deny inspection of a video recording related to its investigation of a pending criminal case.
https://ag.ky.gov/Resources/orom/2022/22-ORD-205.pdf
7. 22-ORD-206 (In re: Dennis Bell/McCracken County Sheriff’s Office)
Summary: The McCracken County Sheriff’s Office violated the Open Records Act when it did not issue a timely response to a request to inspect records. However, the Sheriff’s Office did not violate the Act when it withheld records that are related to an ongoing criminal prosecution under KRS 17.150(2), or when it redacted from other police records personally identifying information about suspects under KRS 61.878(1)(a).
https://ag.ky.gov/Resources/orom/2022/22-ORD-206.pdf
8. 22-ORD-207 (In re: Leonel Martinez/City of Owensboro)
Summary: Under 40 KAR 1:030 § 4, the Attorney General shall not reconsider a prior decision rendered under the Open Records Act. This Office will not reconsider 16-ORD-114, in which it found that the City of Owensboro did not violate the Act when it did not provide a record that does not exist in its possession.
https://ag.ky.gov/Resources/orom/2022/22-ORD-207.pdf
9. 22-ORD-208 (In re: Cecil Salyers/Madisonville Police Department)
Summary: The Madisonville Police Department violated the Open Records Act when it failed to issue a timely response to a request. The Department did not violate the Act when it did not provide records that do not exist.
https://ag.ky.gov/Resources/orom/2022/22-ORD-208.pdf
10. 22-ORD-209 (In re: Glenn Hayden/School Facilities Construction Commission)
Summary: The School Facilities Construction Commission violated the Open Records Act when it failed to respond timely to a request for records.
https://ag.ky.gov/Resources/orom/2022/22-ORD-209.pdf
11. 22-ORD-210 (In re: Department of Public Advocacy/McCracken County Regional Jail)
Summary: The McCracken County Regional Jail did not violate the Open Records Act when it relied on KRS 197.025(1) to deny a request for the personnel records of a former Jail employee.
