The following open records decisions were issued by the Office of the Attorney General on April 14-17:
1. 09-ORD-063 (Franklin County)
Kentucky State Police properly relied on KRS 439.510, incorporated into the Open Records Act by KRS 61.878(1)(l), in denying a request for sex offender registration forms.
2. 09-ORD-064 (Wayne County)
Monticello Banking Co. is not a public agency for open records purposes, and its records are not subject to the Open Records Act. It therefore did not violate the act by denying a request for a decedent's loan records.
3. 09-ORD-065 (Franklin County)
The Kentucky Labor Cabinet properly denied access to requested file as the subject investigation is not complete nor has the agency taken any final action. Until such time as the Cabinet adopts the notes, drafts, and correspondence with private individuals, or the recommendations and memoranda in which opinions are expressed or policies formulated as the basis of a final action, those documents retain their preliminary status under KRS 61.878(1)(i) and (j), respectively. Cabinet also properly declined, alternatively, to honor "standing request."
4. 09-ORD-066 (Jefferson County)
University of Louisville did not violate Open Records Act in failing to respond to requests that were unsuccessfully transmitted to a nonexistent email account. Because requests did not reach the university, no error can be assigned to it under KRS 61.880(1).
1. 09-ORD-063 (Franklin County)
Kentucky State Police properly relied on KRS 439.510, incorporated into the Open Records Act by KRS 61.878(1)(l), in denying a request for sex offender registration forms.
2. 09-ORD-064 (Wayne County)
Monticello Banking Co. is not a public agency for open records purposes, and its records are not subject to the Open Records Act. It therefore did not violate the act by denying a request for a decedent's loan records.
3. 09-ORD-065 (Franklin County)
The Kentucky Labor Cabinet properly denied access to requested file as the subject investigation is not complete nor has the agency taken any final action. Until such time as the Cabinet adopts the notes, drafts, and correspondence with private individuals, or the recommendations and memoranda in which opinions are expressed or policies formulated as the basis of a final action, those documents retain their preliminary status under KRS 61.878(1)(i) and (j), respectively. Cabinet also properly declined, alternatively, to honor "standing request."
4. 09-ORD-066 (Jefferson County)
University of Louisville did not violate Open Records Act in failing to respond to requests that were unsuccessfully transmitted to a nonexistent email account. Because requests did not reach the university, no error can be assigned to it under KRS 61.880(1).
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