The Kentucky Attorney General issued the following open records and open meetings decisions last week:
1. 25-ORD-102 (In re: Olivia Tipton/Oldham County School District)
Summary: The Oldham County School District violated the Open Records Act when it failed to issue a timely written response stating that certain records did not exist, or explaining why records were unavailable and giving the earliest date when they would be available for inspection. The District subverted the intent of the Act, within the meaning of KRS 61.880(4), when it did not allow its records to be photographed or copied upon inspection. However, the District did not subvert the intent of the Act when it contacted the requester to schedule an appointment, within five business days, to inspect records. The District did not violate the Act when it could not provide records that do not exist and the requester did not establish a prima facie case that additional records exist.
https://www.ag.ky.gov/Resources/orom/2025/25-ORD-102.pdf
2. 25-OMD-103 (In re: Rob Mattheu/Oldham County Fiscal Court)
Summary: The Oldham County Fiscal Court violated the Open Meetings Act when it discussed publicbusiness in closed session. KRS 61.810(1)(g) does not authorize closed discussions of a proposal from a business entity, on the grounds that open discussions would jeopardize the siting of the business, when thelocation of the project is known to the public.
https://www.ag.ky.gov/Resources/orom/2025/25-OMD-103.pdf
3. 25-ORD-104 (In re: Nycea Elder/Administrative Office of the Courts)
Summary: The Open Records Act does not apply to records of the Administrative Office of the Courts.
