Wednesday, August 12, 2009

Attorney general issues open records decisions

The following Open Records Decisions have been issued by the Office of the Attorney General:

09-ORD-120 (McCracken County): Reidland-Farley Fire Department did not violate open records law when it notified requester that it did not maintain records responsive to his request and advised him where those records were located. Questions relating to the truthfulness of this statement cannot be resolved in this appeal, nor can questions relating to unperfected appeal and questions that are hypothetical in nature.
09-ORD-121 (Jefferson County): Decision adopting 00-ORD-116; grand jury records are permanently excluded from application of the Open Records Act by operation of KRS 61.878(1)(h).
09-ORD-122 (Jefferson County): Decision adopting 98-ORD-6 and 04-ORD-021; records in the custody of circuit and district court clerks are properly characterized as court records, to which the Open Records Act does not apply, rather than public records within the meaning of KRS 61.870(2). In accordance with Ex Parte Farley, Ky., 570 S.W.2d 617 (1978), KRS 26A.200 and KRS 26A.220, the authorities upon which 98-ORD-6 and 04-ORD-021 are premised, this office finds that the Jefferson Circuit Court Clerk is not bound by, and therefore cannot be said to have violated the Open Records Act in failing to respond in writing upon receipt of the request(s) at issue as KRS 61.880(1) otherwise requires or in declining to "notify and/or respond for" specified judges and court officers.
09-ORD-123 (Henderson County): Decision adopting 03-ORD-074 and holding that Henderson County Detention Center properly relied on KRS 197.025(2) in denying inmate request for records that did not contain a specific reference to him.

For a full text of the decisions, see Links of Interest at the bottom of the KOG Blog.

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