Monday, April 13, 2009

Latest open records decisions

The following open records decisions were issued by the Office of the Attorney General on April 7:

1. 09-ORD-061 (Floyd County)
Decision adopting 08-ORD-084 and holding that private ambulance service is not a public agency for open records purposes even though it derives some state funding from Medicaid reimbursement.

2. 09-ORD-062 (Kenton County)
Decision adopting 01-ORD-136 and 08-ORD-171; Elsmere Police Department subverted the intent of the Open Records Act within the meaning of KRS 61.880(4) by charging 15 cents per page for copies of public records. Unless the agency can substantiate that its actual cost of reproduction is greater than 10 cents per page, imposition of any fee in excess of that amount is not authorized under Friend v. Rees, Ky. App., 696 S.W.2d 325 (1985) and prior decisions of this office.

For full texts of the decisions, see link below.

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