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

1. 23-ORD-273 (In re: Julius Catlett Jr./Department of Public Advocacy)

Summary: The Department of Public Advocacy violated the Act when it did not respond to a request to inspect records within five business days of receiving it.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-273.pdf

2. 23-ORD-274 (In re: J. Brooken Smith/Louisville/Jefferson County Metro Government)

Summary: The Louisville/Jefferson County Metro Government violated the Open Records Act when it failed to issue a response to a request within five business days of receiving it.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-274.pdf

3. 23-ORD-275 (In re: Rebecca Barnett/Powell County Sheriff’s Office)

Summary: The Powell County Sheriff’s Office violated the Act when it did not respond to a request to inspect records within five business days of receiving it. The Sheriff’s Office also violated the Act when its untimely response failed to cite an applicable exception to the Act and explain how it applied to records withheld.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-275.pdf

4. 23-ORD-276 (In re: Ernest Merriweather/Kentucky State Police)

Summary: The Office is unable to find that the Kentucky State Police violated the Open Records Act because the Office cannot resolve the factual dispute between the parties.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-276.pdf

5. 23-ORD-277 (In re: John D. Brentlinger/Simpson County Sheriff’s Office)

Summary: The Office cannot find that the Simpson County Sheriff’s Office violated the Open Records Act when it did not respond to a request to inspect records it claims it did not receive.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-277.pdf

6. 23-ORD-278 (In re: Carlos Thurman/Green River Correctional Complex)

Summary: The Green River Correctional Complex did not violate the Open Records Act when it did not provide records that do not exist.

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-278.pdf

7. 23-ORD-279 (In re: James Harrison/Eastern Kentucky Correctional Complex)

Summary: The Eastern Kentucky Correctional Complex violated the Open Records Act when it failed to cite an exception to the Act and explain how it applied to the records withheld. The Complex also failed to meet its burden to support withholding records for “security purposes” under KRS 61.878(1)(a).

https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-279.pdf

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