The Kentucky Attorney General issued the following open records decisions last week:
1. 25-ORD-032 (In re: Ryan J. Dischinger/Louisville Metro Government)
Summary: The Louisville Metro Government
violated the Open Records Act when it failed to issue a response within five business days of receiving it. However, Metro did not violate the Act when it denied a request for policies and procedures that are still in preliminary draft form and exempt under KRS 61.878(1)(i).
https://www.ag.ky.gov/Resources/orom/2025/25-ORD-032.pdf
2. 25-ORD-033 (In re: Daniel Woodie/Parks Hill Police Department)
Summary: The Parks Hill Police Department violated the Open Records Act when it failed to respond to a request within five business days of receiving it. The Department also violated the Act when it withheld records without citing any exception authorizing its withholding and instead citing an order governing the Appellant’s conduct. The Department also violated the Act when it denied the Appellant’s request for lack of “proof” of residency after he stated he was employed in the Commonwealth. The Department did not violate the Act when it did not provide records it does not possess.
https://www.ag.ky.gov/Resources/orom/2025/25-ORD-033.pdf
3. 25-ORD-034 (In re: Paul Starkey/Department of Criminal Justice Training)
Summary: The Department of Criminal Justice Training did not violate the Open Records Act when it denied a request that failed to contain a statement demonstrating that the applicant is a resident of the Commonwealth.
https://www.ag.ky.gov/Resources/orom/2025/25-ORD-034.pdf
4. 25-ORD-034 (In re: Paul Starkey/Department of Criminal Justice Training)
Summary: The Department of Criminal Justice Training did not violate the Open Records Act when it denied a request that failed to contain a statement demonstrating that the applicant is a resident of the Commonwealth.
https://www.ag.ky.gov/Resources/orom/2025/25-ORD-034.pdf
5. 25-ORD-035 (In re: Joseph Hunt/Luther Luckett Correctional Complex)
Summary: The Luther Luckett Correctional Complex did not violate the Open Records Act when it denied a request for records that posed a security threat under KRS 197.025(1).
https://www.ag.ky.gov/Resources/orom/2025/25-ORD-035.pdf
5. 25-ORD-036 (In re: Tracy Frye/Greenup County Board of Education)
Summary: The Greenup County Board of Education violated the Open Records Act when it failed to respond to a request within five business days of receiving it and when it failed to respond to all portions of the Appellant’s request. The Board failed to carry its burden to show the withheld records were education records exempt under FERPA or KFERPA. The Board violated the Act by failing to provide the name and location of the official records custodian of the agency in actual possession of some requested records. And the Board did not violate the Act when it did not provide records it does not possess.
