Attorney General Andy Beshear relied on 16-ORD-164 and the Open
Records statute in determining that the University of Louisville Foundation
did not timely respond and did not fulfill its burden of proving an
unreasonable burden.
On Aug. 31, 2016, the Attorney General issued an opinion in
the all of In re: Kentucky Center for
Investigative Reporting/University of Louisville Foundation, 16-ORD-192.
Brendan McCarthy requested to inspect and/or copy certain
records from the foundation during a specified time period.
The Foundation responded that the request was overly broad
and blank, stating that thousands of records are likely within the request,
stating it would take a large amount of time to find and review such records, therefore
denying the request.
McCarthy appealed after this denial.
16-ORD-164 also was a request to the foundation from
McCarthy, where Beshear had denied a similar response by the foundation of denial
of records.
Beshear noted that similar request from others were not
claimed to be burdensome for the foundation, even though they had a similar
volume of records that needed to be combed through. He also added that many of
the records McCarthy requested were likely not protected, so each will likely
not need to be reviewed to see if it contains exempt information.
The Attorney General's Office also noted that McCarthy requested to
inspect, which would also reduce the burden on the foundation.
He ultimately found that the foundation violated the Open Records
Act by misplacing its reliance on the burdensome exception and failing to
timely respond to McCarthy’s request.
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