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TO: Capitol Bureau Media
FROM: Krista Buckel
DATE: September 12, 2022
RE: Opinions, Open Records/Open Meetings Decisions
The following Attorney General Opinions and Open Records/Open Meetings Decisions were issued by the Office of the Attorney General September 5-9, 2022:
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22-OMD-179 (Lewis County)
The City of Vanceburg violated the Open Records Act when it failed to respond to a request for records within five business days. The City did not violate the Act when it denied a request for occupational tax information that is confidential under KRS 131.190(1).
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22-ORD-180 (Marion County)
The Marion County School Board did not violate the Open Records Act when it withheld records that are exempt under the attorney-client privilege, and when it provided all responsive records that exist within its possession. All issues related to records the Board has already provided to the Appellant have been rendered moot under 40 KAR 1:030 § 6.
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22-ORD-181 (Warren County)
The Warren County Regional Jail did not violate the Open Records Act when it denied a request for a record that does not exist within its possession.
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22-ORD-182 (Franklin County)
The Office of the Treasurer violated the Open Records Act when it denied a request as unreasonably burdensome without providing clear and convincing evidence in support of its denial.
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22-ORD-183 (Franklin County)
The Department of Financial Institutions did not violate the Open Records Act when it relied on KRS 286.6-185(4) to deny a request for its correspondence closing an investigation into a credit union.
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22-ORD-184 (Franklin County)
The Office of the Secretary of State did not violate the Open Records Act when it conducted an adequate search in good faith for records responsive to a request to inspect records that did not precisely describe the records to be inspected.
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22-ORD-185 (Franklin County)
The Office of the Secretary of State did not violate the Open Records Act when it could not provide records that do not exist in its possession.
Please note: In an effort to better serve our constituents, the Office of the Attorney General began accepting open record/open meeting appeals via electronic mail on February 19, 2020. Given the success and convenience of this practice, the Office will continue, indefinitely, to accept open record and open meeting appeals by email at oagappeals@ky.gov.
To view the Attorney General's 2022 Guide to the Kentucky Open Records and Open Meetings Acts click here. To see our new 2022 Advisory, addressing recent statutory changes to the Act, click here.
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