The Kentucky Attorney General issued the following open records decisions last week:
1. 22-ORD-027 (In re: Lawrence Trageser/Taylorsville Chamber of Commerce, Inc.)
Summary: In the absence of evidence that Taylorsville Chamber of Commerce, Inc. receives at least 25% of its funds expended in Kentucky from state or local authority funds, the Chamber is not a public agency under the Open Records Act.
https://ag.ky.gov/Resources/orom/2022/22-ORD-027.pdf
2. 22-ORD-028 (In re: Jim Lang/Roederer Correctional Complex)
Summary: The Roederer Correctional Complex did not violate the Open Records Act when it denied an inmate’s request for records that did not make a specific reference to the requester.
https://ag.ky.gov/Resources/orom/2022/22-ORD-028.pdf
3. 22-ORD-029 (In re: Chris Hawkins/Kentucky State Penitentiary)
Summary: The Kentucky State Penitentiary did not violate the Open Records Act when it could not provide a record that does not exist within its possession.
https://ag.ky.gov/Resources/orom/2022/22-ORD-029.pdf
4. 22-ORD-030 (In re: Lawrence Trageser/Spencer County Judge/Executive’s Office
Summary: The Spencer County Judge/Executive’s Office’s original denial of a request under the Open Records Act is moot. The Judge/Executive did not subvert the intent of the Act when it ultimately provided hundreds of requested records within a reasonable time.
https://ag.ky.gov/Resources/orom/2022/22-ORD-030.pdf
5. 22-ORD-031 (In re: Carl Adkins/Eastern Kentucky Correctional Complex)
Summary: The Eastern Kentucky Correctional Complex did not violate the Open Records Act when an employee other than the official records custodian responded to a request to inspect records on behalf of the Complex. The Complex cannot provide records that do not exist in its possession.
https://ag.ky.gov/Resources/orom/2022/22-ORD-031.pdf
6. 22-ORD-032 (In re: WKRC-TV/Hancock County Board of Education)
Summary: The Hancock County Board of Education violated the Open Records Act when it failed to respond to a request for records in a timely manner and when it denied the request without citing an exception to the Act. The Board failed to meet its burden on appeal to sustain the denial.
https://ag.ky.gov/Resources/orom/2022/22-ORD-032.pdf
7. 22-ORD-033 (In re: Chad Heath/ Hardin County Clerk’s Office)
Summary: The Hardin County Clerk’s Office did not violate the Open Records Act when it did not provide records that do not exist in its possession.
https://ag.ky.gov/Resources/orom/2022/22-ORD-033.pdf
8. 22-ORD-034 (In re: Chad Heath/Administrative Office of the Courts)
Summary: The Open Records Act does not apply to records of the Administrative Office of the Courts.
https://ag.ky.gov/Resources/orom/2022/22-ORD-034.pdf
9. 22-ORD-035 (In re: Chad Heath/Kentucky Finance and Administration Cabinet)
Summary: The Kentucky Finance and Administration Cabinet did not violate the Open Records Act when it issued a written notice to the requester containing the name and address of an agency the Cabinet believed to be the correct custodian of records.
https://ag.ky.gov/Resources/orom/2022/22-ORD-035.pdf
10. 22-ORD-036 (In re: Chad Heath/ Kentucky State Police)
Summary: The Kentucky State Police’s original basis for denying a request under the Open Records Act is moot.
