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Seal of the Kentucky Attorney General’s Office

UPDATE: The Kentucky Attorney General updated his website on December 28. The updated website reflects that the office issued the following open records decisions last week:

1. 22-ORD-272 (In re: Troy Seelye/Office of the Meade County Judge/Executive)

Summary: The Office of the Meade County Judge/Executive subverted the intent of the Open Records Act, within the meaning of KRS 61.880(4), when it charged an excessive fee for copies of records.

https://www.ag.ky.gov/Resources/orom/2022/22-ORD-272.pdf

2. 22-ORD-273 (In re: Matthew Bunnell/Louisville Metro Government)

Summary: The Louisville Metro Government violated the Open Records Act when it failed to issue a timely written response to a request to inspect records. This Office is unable to adjudicate factual disputes between the parties.

https://www.ag.ky.gov/Resources/orom/2022/22-ORD-273.pdf

3. 22-ORD-274 (In re: Gypsy Cantrell-Ratliff/Elkhorn City Clerk’s Office)

Summary: The Elkhorn City Clerk’s Office did not violate the Open Records Act when it did not create a record to fulfill a request for a record that does not exist. The redaction of personal information by the Clerk’s Office is permitted under KRS 61.878(1)(a).

https://www.ag.ky.gov/Resources/orom/2022/22-ORD-274.pdf

4. 22-ORD-275 (In re: Steven Hughes/Roederer Correctional Complex)

Summary: The Roederer Correctional Complex did not violate the Open Records Act when it denied a request for pictures attached to JPay emails exchanged between private parties because they are not public records.

https://www.ag.ky.gov/Resources/orom/2022/22-ORD-275.pdf

5. 22-ORD-276 (In re: Joshua Porter/Roederer Correctional Complex)

Summary: The Roederer Correctional Complex did not violate the Open Records Act when it denied a request for JPay emails exchanged between private parties because they are not public records.

https://www.ag.ky.gov/Resources/orom/2022/22-ORD-276.pdf

6. 22-ORD-277 (In re: Curtis Lee Flora/Roederer Correctional Complex)

Summary: The Roederer Correctional Complex did not violate the Open Records Act when denied a request for JPay messages exchanged between private parties because they are not public records.

https://www.ag.ky.gov/Resources/orom/2022/22-ORD-277.pdf

7. 22-ORD-278 (In re: Leslie Haun/Luther Luckett Correctional Complex)

Summary: The Luther Luckett Correctional Complex did not violate the Open Records Act when it denied a request for JPay emails exchanged between private parties because they are not public records, or when it could not provide a copy of an email that is not in its custody or control.

https://www.ag.ky.gov/Resources/orom/2022/22-ORD-278.pdf

8. 22-ORD-279 (In re: Leslie Haun/Luther Luckett Correctional Complex)

Summary: The Luther Luckett Correctional Complex did not violate the Open Records Act when it did not provide a record that does not exist or, if it does exist, is not within its custody or control.

https://www.ag.ky.gov/Resources/orom/2022/22-ORD-279.pdf

9. 22-ORD-280 (In re: Melissa Price/Fort Thomas Independent Public School District)

Summary: The Fort Thomas Independent Public School District violated the Open Records Act when it failed to explain the basis for its denial of a request to inspect records. However, the District did not violate the Act when it denied a request for its emergency response plan, which is exempt from disclosure under KRS 158.162(2)(e).

https://www.ag.ky.gov/Resources/orom/2022/22-ORD-280.pdf

10. 22-ORD-281 (In re: Tyler Fryman/Lexington Police Department)

Summary: The Lexington Police Department violated the Open Records Act when it failed to display the email address of its records custodian on its website as required by KRS 61.876(2)(b).

https://www.ag.ky.gov/Resources/orom/2022/22-ORD-281.pdf

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