The Kentucky Attorney General issued the following open records decisions last week:
1. 22-ORD-228 (In re: Rachel Gholson/Kentucky State Police)
Summary: The Kentucky State Police
violated the Open Records Act when it failed to respond to a request to inspect records within five business days. However, KSP did not violate the Act when it withheld from inspection under KRS 17.150(2) intelligence and investigative reports regarding a criminal case in which the prosecution has not concluded.
2. 23-ORD-229 (In re: Reggie Williamson/Pike County Fiscal Court)
Summary: The Pike County Fiscal Court violated the Open Records Act when it failed to properly respond to a request to inspect records within five business days. The Office cannot find the Fiscal Court violated the Act when it provided what the requester considers to be an incomplete record.
3. 23-ORD-230 (In re: Steve Knipper/Office of the Secretary of State)
Summary: The Office of the Secretary of State violated the Open Records Act when it denied a request that adequately described records to be inspected as “vague.” The agency also failed to explain how requested emails were exempt under KRS 61.878(1)(i).
4. 23-ORD-231 (In re: Cassandra Schabell/Campbell County Clerk)
Summary: The Campbell County did not violate the Open Records Act when he responded timely to a request to inspect records stating the record did not yet exist, or when he provided an electronic record in its official format. However, the Clerk violated the Act when he charged a copying fee to facilitate redactions.
5. 23-ORD-232 (In re: David Selby/City of Fox Chase)
Summary: The City of Fox Chase violated the Open Records Act when it failed to respond to requests for records within five business days and did not properly invoke KRS 61.872(5). The City subverted the intent of the Act within the meaning of KRS 61.880(4) when it failed to justify its delays and further delayed the fulfillment of a request by demanding a requester state whether he wanted copies when he had already done so.