The Kentucky Attorney General issued the following open records and open meetings decisions last week:
1. 23-ORD-181 (In re: Lisa Hieneman/Kentucky State Police)
Summary: The Kentucky State Police did not violate the Open Records Act when it denied a request for records that do not exist within its possession.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-181.pdf
2. 23-ORD-182 (In re: Pat Ragland/Lincoln Trail Area Development District)
Summary: The Office cannot find that the Lincoln Trail Area Development District violated the Open Records Act when it failed to respond to a request it did not receive as a result of a spam email filter.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-182.pdf
3. 23-ORD-183 (In re: Hal Cobb/Luther Luckett Correctional Complex)
Summary: The Luther Luckett Correctional Complex violated the Open Records Act when it denied a request for records without stating affirmatively whether the requested records never existed or whether they once existed but were destroyed.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-183.pdf
4. 23-OMD-184 (In re: Alan Halsey/Wolfe County Tourism Commission)
Summary: The Wolfe County Tourism Commission violated the Open Meetings Act when it failed to issue a timely response to a complaint. The Commission also violated the Act when it entered closed session to discuss a “personnel matter” without providing adequate notice in open session whether such discussions would lead to the appointment, discipline, or dismissal of the employee.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-OMD-184.pdf
5. 23-ORD-185 (In re: Jason Moncer/Jessamine County School District)
Summary: The Jessamine County School District did not violate the Open Records Act, or subvert the intent of the Act within the meaning of KRS 61.880(4), when it charged a copying fee of ten cents per page.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-185.pdf
6. 23-ORD-186 (In re: Glenn Odom/Kentucky State Penitentiary)
Summary: The Office is unable to find that the Kentucky State Penitentiary violated the Open Records Act when it did not respond to a request for records that it did not receive.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-186.pdf
7. 23-ORD-187 (In re: Kevin Franklin/Louisville-Jefferson County Public Defender Corporation)
Summary: The Louisville-Jefferson County Public Defender Corporation violated the Open Records Act when it did not respond to a request to inspect records. The Public Defender did not violate the Act when it did not produce records exempt under KRS 61.878(1)(p).
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-187.pdf
8. 23-ORD-188 (In re: Robert Moore/Fayette County Public Schools)
Summary: Fayette County Public Schools violated the Open Records Act when it redacted emails under KRS 61.878(i) and (j) without adequately explaining how the exemptions applied. However, FCPS has substantiated on appeal that those exemptions do apply to all but the names of individuals with whom it corresponded. While email addresses may be exempt under KRS 61.878(1)(a), FCPS did not rely on that exemption, and it has not carried its burden that an exception applies to names appearing in emails other than when appearing as part of email addresses.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-188.pdf
9. 23-ORD-189 (In re: Roydale Holt/Russellville Police Department)
Summary: The Russellville Police Department did not violate the Open Records Act when it issued a response granting a request within five business days of receiving the request.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-189.pdf
10. 23-ORD-190 (In re: Vivian Miles/Cabinet for Health and Family Services)
Summary: This Office cannot find that the Cabinet for Health and Family Services violated the Open Records Act when it denied a request for a record that does not exist.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-190.pdf
11. 23-ORD-191 (In re: Nathaniel Crenshaw/City of Richlawn)
Summary: The City of Richlawn did not subvert the intent of the Open Records Act when it denied a request for records it does not possess but stated that it would continue to search for responsive records.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/23-ORD-191.pdf
