The Kentucky Attorney General issued the following open records decisions last week:
1. 22-ORD-226 (In re: Wayne and Vivian Miles/Cabinet for Health and Family Services)
Summary: The Cabinet for Health and Family Services violated the Open Records Act when it failed to issue a response either granting or denying a request within five business days, and when it failed to explain the adequacy of its search for responsive records. However, the Cabinet did not violate the Act when it withheld records under KRS 620.050(5).
https://ag.ky.gov/Resources/orom/2022/22-ORD-226.pdf
2. 22-ORD-227 (In re: Gaye Ballard/City of Bardstown)
Summary: The City of Bardstown violated the Open Records Act when it failed to cite an applicable exemption and explain how it applied to a requested record. However, the City did not violate the Act when it withheld records pertaining to an audit as preliminary because the audit has not yet been completed.
https://ag.ky.gov/Resources/orom/2022/22-ORD-227.pdf
3. 22-ORD-228 (In re: Ronald Duke/Kentucky Board of Nursing)
Summary: The Kentucky Board of Nursing violated the Open Records Act when it failed to explain how a specific exemption applied to the records withheld. However, the Board did not violate the Act when it withheld private e-mail addresses that were exempt from disclosure under KRS 61.878(1)(a).
https://ag.ky.gov/Resources/orom/2022/22-ORD-228.pdf
4. 22-ORD-229 (In re: Dennis Bell/McCracken County Coroner’s Office)
Summary: The McCracken County Coroner’s Office violated the Open Records Act when it failed to respond to a request for records within five business days.
https://ag.ky.gov/Resources/orom/2022/22-ORD-229.pdf
5. 22-ORD-230 (In re: Uriah Pasha/Jefferson County Commonwealth’s Attorney)
Summary: The Jefferson County Commonwealth’s Attorney did not violate the Open Records Act when he withheld a record pertaining to criminal litigation under KRS 61.878(1)(h).
