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

1. 23-ORD-092 (In re: Michael Harper/Covington Police Department)

Summary: The Office cannot find that the Covington Police Department violated the Open Records Act when it did not respond to a request that it did not receive.

2. 23-ORD-093 (In re: Robert Moore/Fayette County Public Schools)

Summary: Fayette County Public Schools violated the Open Records Act when it delayed access to records without notifying the requester of the earliest date on which the records would be available. However, FCPS did not violate the Act when it denied a request seeking information rather than public records, or otherwise declined to create an electronic record tailored to the parameters of the request.

3. 23-ORD-094 (In re: Leonel Martinez/Lee Adjustment Center)

Summary: The Lee Adjustment Center violated the Open Records Act when it did not review responsive records to determine if its stated exceptions applied or explain how the exception applies. The Center further violated the Act when it denied a request that precisely described the records sought and when it did not prescribe an actual copying fee that formed the basis for its denial. The Center also violated the Act when it did not cite the specific exception that authorized its withholding of records.

4. 23-ORD-095 (In re: Mark Lamkin/Department of Financial Institutions)

Summary: The Department of Financial Institutions did not violate the Open Records Act when it withheld “preliminary drafts” or “notes” under KRS 61.878(1)(i) or records confidentially disclosed to the Department under KRS 292.500(19)(c).

5. 23-ORD-096 (In re: Jimmie Hall/Butler County Commonwealth’s Attorney)

Summary: The Butler County Commonwealth’s Attorney violated the Open Records Act when it failed to respond to a request within five business days of receiving it.

6. 23-ORD-097 (In re: Beth Maze/Judicial Conduct Commission)

Summary: The Open Records Act does not apply to records of the Judicial Conduct Commission.


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