Kentucky Open Records Act
The Kentucky Open Records Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Kentucky, so that citizens have some idea of what is happening with their government. Statues KRS 61.870 to 61.884 define the law.
The Kentucky Open Meetings Act legislates the methods by which public meetings are conducted.
To learn more about how to make a public records request in this state, please see: Kentucky FOIA procedures
Recent news
- See also: Kentucky transparency headlines
Transparency blocking
- Transportation Cabinet holds conflict of interest report 2010-11-24 09:44:52
- Lawmaker's files remain closed 2009-06-04 12:20:39
- Confidence in courts on trial 2009-06-03 18:58:25
More transparency blocking news from across the country.
Litigation
- State says Arena Authority violated open records laws 2009-06-04 12:41:44
- Unions to file suit against Metro, claims open records request not fulfilled 2009-06-04 12:30:15
- AG: Lexington violated Open Records Act 2009-06-04 12:17:59
More FOIA litigation news from across the country.
Legislation
- E-Transparency Bill Passes Council 2009-06-04 12:53:06
- Press group opposes closing records of legislative probes 2009-06-04 12:51:02
- Call ‘911’ — lawmaker stealing access to progress 2009-06-04 12:49:04
More FOIA legislation news from across the country.
Sunshine Guardians
- Write-in candidate continues fight for records 2009-08-10 12:40:12
- Bluegrass Institute calls for greater government transparency 2009-08-04 12:29:25
Other Sunshine Guardians from across the country.
Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in Kentucky. For more information go the page or go to Kentucky sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
| Lawsuit | Year |
|---|---|
| Bowling v. Lexington-Fayette Urban County Government | 2005 |
| Courier-Journal v. City of Louisville | 2006 |
| Courier-Journal v. Kentucky High School Athletics Association | 2005 |
| Courier-Journal v. University of Louisville Foundation | 2005 |
| Kentucky Central v. Park Broadcasting | 1996 |
| Lexington-Fayette Urban County Government v. Lexington Herald-Leader Co. | 1997 |
| Skaggs v. Redford | 1992 |
| Zink v. Commonwealth of Kentucky, Department of Workers’ Claims, Labor Cabinet | 1994 |
Proposed changes
- See sample transparency legislation at the Sunshine Standard
2011
Here is a list of transparency legislation for Kentucky in 2011. This list contains a random collection of 15 bills from the state. For the full list please see Kentucky transparency legislation.
| Rating | Bill | Current Status | Progress | Information |
 | House Bill 115 | Current Status: (Referred to the Appropriations and Revenue Committee) | 
|
HB 115 introduced by Representative Jim Wayne to the House would require the Office of State Budget Director to create a report on state economic development and tourism expenditures no later than October 15, 2012 and annually thereafter, this report would be submitted to the Legislative Research Commission. [1] |
| House Bill 33 | Current Status: (Referred to the State Government Committee) |
|
HB 33 introduced by Representative Jody Richards to the House would require any state agency that must submit a publication annually or biennially to the Legislative Research Commission or to the General Assembly to submit that publication online rather than by printed means. [2] |
2010
Here are a list of 30 random bills from Kentucky from 2010. For a full list, please see Kentucky transparency legislation.
|
2009
Senator John Schickel has proposed Senate Bill 30 [1] which would exempt the recordings of calls to 911 from public access. The bill allows for transcripts of the calls to be made public, but not the actual audio. [2] Opponents of the bill are calling it "a waste of time, your tax dollars and is a dangerous move toward limiting free speech and open records/sunshine laws" [3] and "a poorly thought out solution to a mostly non-existent problem." [4]
SB 30 has been approved by the Senate Judiciary Committee and now heads to the floor for a vote. [5]
Senate Bill 188 [6] would create a General Assembly Accountability and Review Division to conduct investigations, audits and reviews and otherwise monitor the activities of public agencies. The agency would be exempt from KORA. [7] The Kentucky Press Association is opposing the exemptions provisions in the bill. [8]
Kentucky's transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Kentucky #28 in the nation with an overall percentage of 51.30%. [9]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Kentucky 47 points out of a possible 100, a letter grade of "F", and a ranking of 26 out of the 50 states.[10]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Kentucky's law as the 7th best in the country, giving it a letter grade of "C+".[11]
Features of the law
Compare States: Sunshine variations: Click on the heading to compare your state's law to other state's transparency laws.
Declared legal intention
The declaration of intent states, "The General Assembly finds and declares that the basic policy of KRS 61.870 to 61.884 is that free and open examination of public records is in the public interest and the exceptions provided for by KRS 61.878 or otherwise provided by law shall be stricly construed, even though such examination may cause inconvenience or embarrassment to public officials of others."[12]
What records are covered?
The definition of public record in Kentucky law is expansive, including "all books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency" [13]
Exemptions
However, a number of exemptions are outlines in Kentucky ORA 61.878 that must be noted. Exemptions include:
- "Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy"[14]
- Scientific research
- Commercial records with regard to grants, loans, banking, future business propositions or that would create an unfair competitive advantage
- Examinations
- Police investigations that would jeopardize informants or undercover officers
- "Preliminary drafts, notes, correspondence with private individuals, other than correspondence which is intended to give notice of final action of a public agency" and "Preliminary recommendations, and preliminary memoranda in which opinions are expressed or policies formulated or recommended" [14]
- Records of donations where the donor has requested anonymity
- Records that would jeopardize security with regard to infrastructure or individuals
Deliberative process
What agencies are covered?
The definition of agencies in the Kentucky ORA includes all government bodies at both state and local levels as well as all bodies who receive 25% of their funds from the public body or a majority of their governing body is appointed by other government agencies. [15]
It is also interesting to note that if the department to which the records are requested does not possess the records, they are obligated to notify the person requesting of the department that does possess the records. [16]
Legislature
The Kentucky Open Records Act includes the state legislature within its definition of public body under Kentucky ORA 61.870.1.
Privatized governmental agencies
The Kentucky Open Records Act applies to all private entities that receive public funding and those private entities that were created and are controlled by a public entity. [17]
Public universities
The definition of public body presumably includes public universities within the state. However, testing and exam material and scientific research are explicitly exempted under Kentucky ORA 61.878.
Who may request records?
Anyone may request public records in Kentucky. "All public records shall be open for inspection by any person". [20]
Must a purpose be stated?
The act specifically designates that specific commercial purposes must be stated at the outset of a records request.[21]
Further, if the department feels that records place an unreasonable burden on government or are deemed to be intended to merely disrupt the functions of government then the request may be refused[16]
How can records be used?
The use of records which were declared for a commercial purpose are strictly limited to only that purpose for which they were declared. Any records without the declaration of a commercial purpose cannot be used for a commercial purpose. [21]
Time allowed for response
- 3 days
Kentucky law sets a three day limit on records requests but allows for extensions if the extension is justified in writing to the person requesting the records. [16]
Fees for records
Copy costs:
For non-commercial requests the department may charge a fee for the cost of the material and equipment involved with duplication but may not charge for the staff time needed for duplication. [21]
Search fees:
Only copies requested for commercial purpose allow additional fees to be charged for the staff time consumed by both the search and the duplication. [21]
Role of the Attorney General
If an individual's request for access to public records in the possession of a state governmental agency is denied, in spite of their proper compliance with request procedures detailed under the state's open records law, the requester may ask the state's Attorney General to review the decision after first providing the Attorney General's Office " a copy of the written request and a copy of the written response denying inspection." [22] Within twenty days, the State Attorney General will issue a written decision as to whether or not the state governmental agency did indeed violate the provisions of the state's open records law. The State Attorney General is also authorized to review requests in which the requester feels as though the intent of the open records act is "being subverted by an agency short of denial of inspection, including but not limited to the imposition of excessive fees or the misdirection of the applicant." [22]
Should either party feel as though the Attorney General's verdict is unsatisfactory, one of the parties may file an appeal with the local Circuit Court within thirty days of the decision being issued. If, however, an appeal is "not filed within the thirty (30) day time limit, the Attorney General's decision shall have the force and effect of law." [22]
Open meetings
The Kentucky Revised Statutes define the purpose for open meetings law as: "the formation of public policy is public business and shall not be conducted in secret and the exceptions provided for by... law shall be strictly construed."[23]
Notable requests
See also
- Kentucky FOIA procedures
- Kentucky transparency headlines
- Kentucky transparency advocates
- Kentucky transparency legislation
- Private agency, public dollars-Kentucky
- Kentucky Open Meetings Act
External links
- Kentucky Statutes, Chapter 61 see section 870 and on for open records laws
- Open Government Guide to Kentucky
- FreedomKentucky.org Spending Database - A collection of sortable check registers and budgets from cities, school districts, and state agencies collected through the Kentucky Open Records Act.
- Kentucky Open Records Act from Freedom Kentucky
- List of opinions on open meetings and open records issues by the Kentucky attorney general, dating back to 1993.
- Past articles on Kentucky
References
- ↑ Text of SB 30
- ↑ Lawmaker pushes to keep 911 calls off the airwaves, Kentucky.com, January 25, 2009
- ↑ the 'Ville Voice "From Dept of Wasting Your Time & Money", January 26, 2009
- ↑ Keep public records open, Kentucky.com, February 18, 2009
- ↑ Ky. bill advances to keep 911 calls off airwaves, Lexington Herald-Leader, February 5, 2009
- ↑ Text of SB188
- ↑ Powerful watchdog agency proposed, Courier-Journal, February 21, 2009
- ↑ Press group opposes closing records of legislative probes, Courier-Journal, February 24, 2009
- ↑ 2008 BGA-Alper Integrity Index
- ↑ States Failing FOI Responsiveness, National Freedom of Information Coalition, October 2007
- ↑ Freedom of Information in the USA, 2002
- ↑ Kentucky Revised Statutes Chapter 61, Section .871
- ↑ Kentucky ORA 61.870.2
- ↑ 14.0 14.1 Kentucky ORA 61.878.1.a
- ↑ Kentucky ORA 61.870.1
- ↑ 16.0 16.1 16.2 Kentucky ORA 61-872.4
- ↑ Private agency, public dollars-Kentucky
- ↑ Kentucky ORA 61.878
- ↑ Kentucky ORA 61.878
- ↑ Kentucky Revised Statutes, 61.872
- ↑ 21.0 21.1 21.2 21.3 Kentucky ORA 61.874
- ↑ 22.0 22.1 22.2 Kentucky Revised Statutes 61.880
- ↑ Kentucky Revised Statutes Chapter 61, Section .800
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