The Kentucky Attorney General issued the following open records decisions last week:
1. 21-ORD-242 (In re: Shawntele Jackson/Eastern Kentucky Correctional Complex)
Summary: The Eastern Kentucky Correctional Complex violated the Open Records Act when it failed to conduct an adequate search for records, but did not violate the Act when it failed to provide records that do not exist.
https://ag.ky.gov/Resources/orom/2021/21-ORD-242.pdf
2. 21-ORD-243 (In re: Matt Tucker/LaRue County Detention Center)
Summary: The LaRue County Detention Center subverted the intent of the Open Records Act, within the meaning of KRS 61.880(4), when it charged an excessive fee that did not match the Detention Center's actual costs, as required by KRS 61.874(3).
https://ag.ky.gov/Resources/orom/2021/21-ORD-243.pdf
3. 21-ORD-244 (In re: Bryan Beggs/Oldham County School District)
Summary: The Oldham County School District violated the Open Records Act when it failed to produce evidence that a request placed an unreasonable burden on it. However, the District did not violate the Act when it made all responsive records in its possession available for inspection.
https://ag.ky.gov/Resources/orom/2021/21-ORD-244.pdf
4. 21-ORD-245 (In re: Tyler Fryman/Hazard Independent Board of Education)
Summary: The Hazard Independent Board of Education violated the Open Records Act when it denied requests for records without citing exceptions under the Act and when it denied a request for the superintendent's e-mails without a sufficient basis. The Board further violated the Act when it denied a request for internal e-mails referencing the word "dance" and did not meet its burden of proof that the e-mails were privileged. The Board also violated the Act when it failed to conduct an adequate search for records. The Board subverted the intent of the Act, within the meaning of KRS 61.880(4), when it imposed an improper copying fee. The Board did not violate the Act when it made redacted e-mails available in hard-copy form because it was impossible to redact them electronically.
