New attorney general decisions on records

The following Open Records Decisions were issued by the Office of the Attorney General March 10-12:

1. 09-ORD-041 (Jefferson County)
Because the Louisville and Jefferson County Metropolitan Sewer District Board of Directors is the final decision-maker on all grievances that progress to Step III of the internal "Grievance Procedure," the district has not taken any final action until the board renders a decision; accordingly, the investigatory records in dispute retain their preliminary status and the sewer district properly denied the request on the bases of KRS 61.878(1)(i) and (j).

2. 09-ORD-042 (Jefferson County)
Because AT&T Mobility Corp. does not derive at least 25 percent of its funds expended by it in the Commonwealth from state or local funds, it is not a “public agency” within the meaning of KRS 61.870(1) and is not subject to the Open Records Act. Accordingly, it is not required either to release its records or to adhere to procedural requirements in response to a request for its records under the Act.

3. 09-ORD-043 (Mercer County)
Decision adopting 03-ORD-073 and 04-ORD-076; Northpoint Training Center properly relied on KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), in denying inmate's request for a copy of another inmate's grievance because the record does not contain a "specific reference" to him.

4. 09-ORD-044 (Morgan County)
Eastern Kentucky Correctional Complex did not violate Open Records Act when incomplete “move sheets” were not retained by the agency and therefore no longer existed. Such documents could be fairly characterized as “general correspondence” for records retention purposes. Department had discretion to deny inspection of such documents as a security threat under KRS 197.025(1).

5. 09-ORD-045 (Ohio County)
Decision adopting 98-ORD-6 and holding that because circuit court clerk is not bound by the provisions of the Open Records Act, she cannot be said to have violated the act in the disposition of records request.

6. 09-ORD-046 (Campbell County)
Decision adopting 98-ORD-6 and finding no error in circuit court clerk's disposition of records request.

7. 09-ORD-047 (Mercer County)
Northpoint Training Center properly relied upon KRS 197.025(1) and 197.025(2) in denying a request for a Security Activity Log as document did not contain a specific reference to the inmate and disclosure could pose a legitimate security threat.

8. 09-ORD-048 (Kenton County)
Decision adopting 04-ORD-123 and holding that Elsmere Fire Protection District subverted the intent of the Open Records Act, short of denial of inspection, by extending invitation to requester to conduct inspection of records in the offices of the agency's contract attorney rather than in suitable facilities located on agency premises.

For the full text of the decisions, click here.