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TO: Capitol Bureau Media
FROM: Krista Buckel
DATE: September 19, 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 12-16, 2022:
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22-ORD-186 (Franklin County)
The Office of the Attorney General did not violate the Open Records Act when it withheld from inspection records exempt under the attorney-client privilege.
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22-OMD-187 (Oldham County)
The Oldham County Ethics Commission violated the Open Meetings Act when it failed to provide an agenda in its notice of a special meeting. Although the Commission did not give notice of the reason for a closed session or the specific provision of KRS 61.810 authorizing a closed session, and took final action in closed session, it did not thereby violate the Act because KRS 61.815(2) exempts deliberations of a quasi-judicial body from the requirements of KRS 61.815(1).
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22-ORD-188 (Mercer County)
The Mercer County School District subverted the Open Records Act, within the meaning of KRS 61.880(4), when it required a request to be submitted directly to its attorney using a specific form.
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22-ORD-189 (Morgan County)
Eastern Kentucky Correctional Complex did not violate the Act when it did not provide records that do not exist, or when it denied a request for security camera footage that would pose a security threat to the Complex if released. KRS 197.025(1).
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22-ORD-190 (Franklin County)
The Kentucky Finance and Administration Cabinet violated the Open Records Act when it did not initially respond to two of three subparts to a request to inspect records. However, the Cabinet did not violate the Act when it provided all responsive records that exist within 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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