The Kentucky Attorney General issued the following open records decisions last week:
1. 25-ORD-037 (In re: Tanyqua Oliver/Fayette County Public School System)
Summary: The Fayette County Public School System did not violate the Open Records Act when it denied a request seeking information without describing public records to be inspected. The Office cannot find FCPS violated the Act when it claims to have provided all records responsive to a request.
https://www.ag.ky.gov/Resources/orom/2025/25-ORD-037.pdf
2. 25-ORD-038 (In re: Barbara Dickens/Office of the Ombudsman)
Summary: The Office of the Ombudsman did not violate the Open Records Act when it withheld complaints, pursuant to KRS 61.878(1)(i), until the Agency’s investigation concludes and final action is taken. The Agency met its burden to withhold privileged communications pursuant to the attorney-client privilege.
https://www.ag.ky.gov/Resources/orom/2025/25-ORD-038.pdf
3. 25-ORD-039 (In re: Barbara Dickens/Auditor of Public Accounts)
Summary: The Auditor of Public Accounts did not violate the Open Records Act when it withheld complaints, pursuant to KRS 61.878(1)(i), until the Agency’s investigation concludes and final action is taken. The Agency met its burden to withhold privileged communications pursuant to the attorney-client privilege.
https://www.ag.ky.gov/Resources/orom/2025/25-ORD-039.pdf
4. 25-ORD-040 (In re: Dan Yeast/Eastern Kentucky Correctional Complex)
Summary: The Eastern Kentucky Correctional Complex did not violate the Open Records Act when it denied a request for records that, if released, could pose a security threat to the safety of a correctional facility.
https://www.ag.ky.gov/Resources/orom/2025/25-ORD-040.pdf
5. 25-ORD-041 (In re: Melanie Barker/Cabinet for Health and Family Services)
Summary: The Cabinet for Health and Family Services violated the Open Records Act when it failed to issue a response to two requests to inspect records within five business days of receiving them.
6. 25-ORD-042 (In re: Joseph Childers/University of Kentucky)
Summary: The University of Kentucky did not violate the Open Records Act when it denied a voluminous request for records because it would place an unreasonable burden on the agency.
https://www.ag.ky.gov/Resources/orom/2025/25-ORD-042.pdf
7. 25-ORD-043 (In re: Jeffrey Gegler/Kentucky State Police )
Summary: The Kentucky State Police violated the Open Records Act when it failed to properly invoke KRS 61.878(1)(h) to withhold records.
https://www.ag.ky.gov/Resources/orom/2025/25-ORD-043.pdf
8. 25-ORD-044 (In re: Jeffrey Gegler/Lexington Police Department)
Summary: The Lexington Police Department violated the Open Records Act when its initial response failed to properly invoke KRS 61.878(1)(h) to withhold records. However, on appeal, the Department has demonstrated that it properly withheld records pursuant to that exemption.
https://www.ag.ky.gov/Resources/orom/2025/25-ORD-044.pdf
9. 5-ORD-045
February 14, 2025 In re: Debby and Jerry Noel/City of Muldraugh
Summary: The City of Muldraugh (“the City”) violated the Open Records Act when it did not grant or deny four requests within five business days and when it delayed access to public records on the basis that its employees, as opposed to the requested records, were unavailable.
https://www.ag.ky.gov/Resources/orom/2025/25-ORD-045.pdf
10. 25-ORD-046 (In re: Jake Thompson/University of Louisville)
Summary: The University of Louisville violated the Open Records when it delayed access to public records on the basis that it was closed for winter break. The University did not violate the Act when it did not provide records it does not possess.
