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Cited Statutes Annotation
Ky. Rev. Stat. Ann. § 61.870 61.872, 61.878 Kentucky State Police violated the Open Records Act, Ky. Rev. Stat. Ann. § 61.870 et seq., by failing to produce its entire Uniform Citation File database when requested by a reporter where the time and manpower required to separate exempt material, standing alone, was not sufficiently clear and convincing evidence to show an unreasonable burden under Ky. Rev. Stat. Ann. § 61.872(6). Moreover, the undisputed evidence noted that the necessary categorical extractions could be performed for $15,000, and electronically separating exempt material was not equivalent to creating a new record given the mandate in Ky. Rev. Stat. Ann. § 61.878(4). Commonwealth v. Courier Journal, 601 S.W.3d 501, 2020 Ky. App. LEXIS 42 (Ky. Ct. App. 2020). Link
Com. v. Chestnut 61.872 Winnowing process required of the Department of Corrections by the General Assembly under KRS 197.025 did not rise to the level of an unreasonable burden under KRS 61.872(6), especially in light of the fact that the General Assembly had already mandated that all public agencies had to separate materials exempted from disclosure in a document from materials that were subject to disclosure. The obvious fact that complying with an open records request would have consumed both time and manpower was, standing alone, not sufficiently clear and convincing evidence of an unreasonable burden. Commonwealth v. Chestnut, 250 S.W.3d 655, 2008 Ky. LEXIS 116 (Ky. 2008). Link
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