The Kentucky Attorney General issued the following open records and open meetings decisions last week:
1. 24-ORD-002 (In re: Daniel Owens/Cabinet for Health and Family Services)
Summary: The Cabinet for Health and Family Services violated the Open Records Act when it entirely withheld from an unsuccessful applicant the interview questionnaire associated with his interview instead of separating the exempt interview questions from the nonexempt notes and assessments of his answers to those questions and providing him the latter for inspection.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/24-ORD-002.pdf
2. 24-ORD-003 (In re: Timothy D. Day/Kentucky Parole Board)
Summary: The Office cannot find that the Kentucky Parole Board violated the Open Records Act when it denied a request for records that do not exist.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/24-ORD-003.pdf
3. 24-ORD-004 (In re: Davon Burke/Kenton County Attorney’s Office)
Summary: Because a person seeking the Attorney General’s review of a denial of a request to inspect records must provide “a copy of the written request and a copy of the written response denying inspection,” KRS 61.880(2)(a), the Office lacks jurisdiction to review a public agency’s denial where the written request provided is not the same one to which the denial pertains. The Office cannot resolve a factual dispute as to whether a public agency received a particular request.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/24-ORD-004.pdf
4. 24-ORD-005 (In re: Anthony Cain/Calloway County Jail)
Summary: The Calloway County Jail did not violate the Open Records Act when it did not provide records that do not exist.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/24-ORD-005.pdf
5. 24-ORD-006 (In re: Reginald Grider/Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary subverted the intent of the Open Records Act, within the meaning of KRS 61.880(4), by delaying its final response beyond the five-day period under KRS 61.880(1) without invoking KRS 61.872(5), explaining the cause for delay, or providing the earliest date when the records would be available. The Penitentiary did not violate the Act when it denied a request for photos of evidence that would pose a security threat to the Penitentiary if released. KRS 197.025(1).
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/24-ORD-006.pdf
6. 24-OMD-007 (In re: Josh Hicks/Anderson County Board of Education)
Summary: The Anderson County Board of Education violated the Open Meetings Act when it entered closed session without a motion and vote and without notifying the public of the exemption on which it relied to enter closed session.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/24-OMD-007.pdf
7. 24-OMD-008 (In re: Jessica Thornton/Louisville Metro Government)
Summary: Louisville Metro Government did not violate the Open Records Act when it denied inspection of a privileged memorandum from its attorney to its human resources division. However, Metro violated the Act when it denied a request for emails as unreasonably burdensome.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/24-ORD-008.pdf
8. 24-ORD-009 (In re: Uriah Pasha/Kentucky Parole Board)
Summary: The Office cannot find that the Kentucky Parole Board violate the Open Records Act when it did not respond to a request to inspect records it claims it did not receive.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/24-ORD-009.pdf
9. 24-ORD-010 (In re: Dan Holman/City of Georgetown)
Summary: Under 40 KAR 1:030 § 4, the Attorney General may not reconsider a decision rendered under the Open Records Act. The Office will not reconsider 23-ORD-301, in which it found that the City of Georgetown properly withheld notes relating to the termination of an employee under KRS 61.878(1)(i). The City did not violate the Act when it withheld drug test results of a former employee under KRS 61.878(1)(a).
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/24-ORD-010.pdf
10. 24- ORD-011 (In re: Michael Conkright/Marshall Circuit Court Clerk)
Summary: The Open Records Act does not apply to records of the Marshall Circuit Court Clerk.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/24-ORD-011.pdf
11. 24-ORD-012 (In re: Mike Doyle/Louisville Metro Government)
Summary: The Louisville Metro Government violated the Open Records Act when it did not respond to a request to inspect records.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/24-ORD-012.pdf
12. 24-ORD-013 (In re: Monty Corbett/Breathitt–Wolfe EMS, Inc.)
Summary: The Office is unable to find that the Breathitt–Wolfe EMS, Inc. violated the Open Records Act because the Office is unable to find that it is a public agency subject to the Act.
https://www.ag.ky.gov/Resources/orom/2023-OROM/2023/24-ORD-013.pdf
