The Kentucky Attorney General issued the following open records decisions last week:
1. 24-ORD-256 (In re: Jared Bennett/Louisville Metro Police Department)
Summary: The Louisville Metro Police Department subverted the intent of the Open Records Act when it did not respond to a request within five business days, and when it failed to properly invoke KRS 61.872(5) to delay access to records by failing to state the earliest date on which responsive records would be available or give a detailed explanation for the cause of the delay.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-256.pdf
2. 24-ORD-257 (In re: Kyle Thompson/Luther Luckett Correctional Complex)
Summary: The Office cannot find that the Luther Luckett Correctional Complex violated the Open Records Act because the Office cannot resolve the factual dispute between the requester and the agency.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-257.pdf
3. 24-ORD-258 (In re: Eric Anthony/Louisville Metro Police Department)
Summary: The Louisville Metro Police Department violated the Open Records Act when it failed to respond to a request for records within five business days.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-258.pdf
4. 24-ORD-259 (In re: Ryan Brock/Dry Ridge Police Department)
Summary: The Dry Ridge Police Department did not violate the Open Records Act when it did not provide records that it does not possess.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-259.pdf
5. 24-ORD-260 (In re: Jerrol Summerville/Graves County School District)
Summary: Because the requester has made a prima facie case that a public record should exist, the Graves County School District violated the Open Records Act when it failed to explain the adequacy of its search for the record. The District also violated the Act when it stated that a portion of the request was “unclear” rather than inform the requestor that it does not possess records responsive to that portion of the request. The District did not violate the Act when it did not produce records it does not possess.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-260.pdf
6. 24-ORD-261 (In re: J. Davis/Kentucky Real Estate Commission)
Summary: The Kentucky Real Estate Commission did not violate the Open Records Act when it did not produce records it does not possess.
https://www.ag.ky.gov/Resources/orom/2024-OROM/2024/24-ORD-261.pdf
