The Kentucky Attorney General issued the following open records decisions last week:
1. 21-ORD-199 (In re: Chris Hawkins/Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary did not violate the Open Records Act when it could not provide copies of records that do not exist in its possession.
https://ag.ky.gov/Resources/orom/2021/21-ORD-199.pdf
2. 21-ORD-200 (In re: Chad Durbin/Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary did not violate the Open Records Act when it denied a request for JPay emails exchanged between private parties because such records are not public records.
https://ag.ky.gov/Resources/orom/2021/21-ORD-200.pdf
3. 21-ORD-201 (In re: Barry King/Kentucky Horse Racing Commission)
Summary: The Kentucky Horse Racing Commission violated the Open Records Act when it entirely withheld records under KRS 61.878(1)(h) instead of separating exempt information from nonexempt information and providing the latter, as required under KRS 61.878(4). The Commission further violated the Act when it initially failed to establish that it did not possess a requested record.
https://ag.ky.gov/Resources/orom/2021/21-ORD-201.pdf
4. 21-ORD-202 (In re: Richard Maynard/Luther Luckett Correctional Complex)
Summary: The Luther Luckett Correctional Complex did not violate the Open Records Act when it denied an inmate's request for a disciplinary report that was not final. However, the Complex violated the Act when it failed to explain how exceptions to the Act applied to particular records, and when it denied the inmate's request for his written disciplinary appeal and the recording of his disciplinary hearing.
https://ag.ky.gov/Resources/orom/2021/21-ORD-202.pdf
5. 21-ORD-203 (In re: Jeana Banks/Office of Unemployment Insurance)
Summary: Because the Office of Unemployment Insurance failed to respond to an open records request within five business days, it violated the Open Records Act.
