Stat. Once a business has publicly announced it is locating in the area, the public agency cannot invoke the exemption to close a meeting pertaining to discussions concerning that business locating in the area. 61.810(2). Stat. The Open Records Act provides obligations upon public agencies and the “official custodians” of public agencies’ records. Ky. Rev. Stat. To receive priority on the docket the pleading should alert the Circuit Court that the lawsuit concerns the Open Records Act. Stat. Can the requester choose a format for receiving records? Hoy v. Kentucky Industrial Revitalization Authority, 907 S.W.2d 766 (Ky. 1995). Nongovernmental bodies receiving public funds or benefits, 5. 61.810(1)(j)]. Stat. Portion of a meeting devoted to a discussion of a specific public record exempted from disclosure under Ky. Rev. Stat. Ky. Rev. The attorney-client privilege alone does not satisfy the requirements of this exception. Ky. Rev. Ky. Rev. 61.810(e) does not embrace everything tangential to the topic of collective bargaining negotiations. at 839; see also 93-OMD-63 ("if a quorum was not present the meeting in question was not a public meeting under the Open Meetings Act"). 1992) (treating rescheduled board meeting as special meeting). 61.878(k)(1) and by incorporation of 49 C.F.R. Under the Open Meetings Act, all meetings are presumed to be open to the public unless specifically exempted by a provision of the Open Meetings Act at Ky. Rev. Electronic records (e.g., databases, metadata). This is because the board, and not the president, is a "public agency" subject to Ky. Rev. 1977). "The General Assembly did not exclude itself from the Open Records Act, but made the Act binding upon itself by defining the term public agency to include 'any body created by state or local authority in any branch of government.'" 61.846 and 61.848. DINSMORE & SHOHL LLP A concrete risk, by definition, must be something more than a hypothetical or speculative concern.” City of Fort Thomas v. Cincinnati Enquirer, 406 S.W.3d 842, 851 (Ky. 2013). Stat. Some similarities exist between the Kentucky Open Records Act and the Freedom of Information Act ("FOIA"), and Kentucky courts and the Attorney General often look to the FOIA for guidance when state law is scarce. § 1232g(4)(A). 61.810(1)(l): "Meetings which the Constitution provides shall be held in secret. 61.810(1)(i). Duplication costs are limited to the actual costs of reproduction. of Jefferson County, 873 S.W.2d 575 (Ky. 1994); Lawson v. Office of the AG, 415 S.W.3d 59 (Ky. 2013). Ky. Rev. Stat. 61.870(1)(h), will solely disclose records pertaining to the "functions, activities, programs or operations funded by state or local authority." Stat. 95-OMD-57. See 200 KAR 1:020 § 3(1). Discussions in closed session between Members concerning matters not identified in the open meeting with proper notice are a violation of the Open Meetings Act and constitute illegal conduct which may be voided by a court. Stat. "There must be specific and complete notification in the open meeting of any and all topics which are to be discussed during the closed meeting. 00-OMD-80. of Accountancy, 625 S.W.2d 589 (Ky. Ct. App. 61.880(5)(a). Stat. 61.878(1)(i) and (j) since “premature disclosure of records reflecting the negotiations . See Ky. Rev. This exception shall not be interpreted to permit discussion of general personnel matters in secret;". Records of completed real estate transactions are open. No person can be required to identify himself in order to attend any such meeting. Stat. Ky. Rev. Ky. Rev. Such records are exempt from disclosure under Ky. Rev. . 61.874(1). 61.878(1)(m) exempts from the Open Records Act certain “[p]ublic records the disclosure of which would have a reasonable likelihood of threatening the public safety by exposing a vulnerability in preventing, protecting against, mitigating, or responding to a terrorist act …”, Ky. Rev. v. Courier-Journal, 551 S.W.2d 25 (Ky. Ct. App. v. Courier-Journal, 551 S.W.2d (Ky. Ct. App. A party may not, however, simultaneously seek the Attorney General's review of a complaint while pursuing an action in Circuit Court. Ky. Rev. Stat. The Circuit Court may enforce the Open Meetings Act by injunction or other appropriate order. C. What records are and are not subject to the act? 61.878(1)(c). 61.882. An agency cannot charge a fee for copies and postage when it provides hard copies to a requester in lieu of providing onsite inspection via computer access as requested. An agency may not charge sales tax for reproduction of records because "providing copies of nonexempt public records is not a 'sale' of the records." In applying the balancing test, the courts have given greater weight to the privacy interests of private individuals and low-level public employees than to those of high-level public officials and employees. 61.878(1)(g): "Test questions, scoring keys and other examination data used to administer a licensing examination, examination for employment or academic examination before the exam is given or if it is to be given again;". Litigation, pending litigation or other attorney-client privileges, K. Negotiations and collective bargaining of public employees, 1. FERPA does not prohibit disclosure of “directory information.” 20 U.S.C. Stat. Stat. Ky. Rev. The agency was not required to disclose, however, the "names of investigators; geographic target areas; types of targeted substances; and strategic plans of attack." 61.848(1). 61.810, 61.815, 61.820, and [Ky. Rev. F. Are there sanctions for noncompliance? Stat.] Stat. The law of eminent domain shall not be affected by this provision;". The Open Records Act does not have a specific statute of limitations for filing suit. The Attorney General has found that records relating to security measures taken for protection of a high United States Government official are not covered by Open Records Act, pursuant to Ky. Rev. Informal telephone inquiry as to status. See 95-ORD-121 (discussing Ky. Rev. Ky. Rev. Stat. 61.810(2); see also 10-OMD-43 (finding Butler County Fiscal Court violated the Open Meetings Act by conducting a series of less than quorum meetings with the sheriff to discuss his proposed budget, under circumstances that manifested an intent to avoid the requirements of the Act.). The statute contemplates a case-specific approach by providing for de novo judicial review of agency actions, and by requiring that the agency sustain its action by proof. A Circuit Court may award a successful requester costs and reasonable attorney fees incurred if the requester prevails against the agency and the agency willfully withheld records in violation of the Kentucky Open Records Act. Pleading formats in Kentucky’s Circuit Courts are governed generally by the Kentucky Rules of Civil Procedure and more specifically by local rules of the various Circuits. 4. Stat. 61.874(2)(a); see also 95-ORD-12 (requester has right to choose either hard or electronic format if agency has both available). Stat. Both Acts also contain numerous exemptions to the mandate of openness. Some public agencies allow public comment during designated portions of public meetings, and some of those agencies require members of the public to sign in or otherwise give advance notice of their desire to make comments. Id. 61.848(1). Stat. of Louisville Found., when it held that the names of donors to a university foundation were open, except for the donors who had specifically requested anonymity and who believed, at the time of the gift, that the donation was being made to a private entity. Stat. See also 98-ORD-1 (The Drivers' Privacy Protection Act, 18 U.S.C. Both appointed and elected bodies are covered by Kentucky’s Open Meetings Act. Central Kentucky News-Journal v. George, 306 S.W.3d 41, 45 (Ky. 2010); Lexington-Fayette Urban County Gov’t v. Lexington Herald-Leader Co., 941 S.W.2d 469, 473 (Ky. 1997). at 827. 4. Stat. A person wishing to comment at a public meeting may consider contacting the public agency in advance to determine its policy. See Ky. Rev. by ordinance, order, resolution, bylaws, or by whatever other means may be required for the conduct of business of that public agency, and the schedule of regular meetings must be made available to the public. Ky. Rev. A notice which merely stated that the closed session was for discussions concerning "property and negotiations" failed to comply with the notice requirement. A convicted murderer may not obtain the Commonwealth Attorney's file while preparing a petition for habeas corpus: "[T]he defense of the prospective habeas corpus proceedings is a part of the 'law enforcement action' in the appellant's case." 61.835. 61.840 provides that public agencies may condition attendance by members of the public as “required for the maintenance of order.”, 1156 15th St. NW, Suite 1020, Washington, D.C. 20005, © Reporters Committee for Freedom of the Press. 99-ORD-220; see also Marina Management Servs. Unless exempted by other provisions of [Ky. Rev. See Ky. Rev. Like the Open Records Act, Kentucky’s General Assembly has revised the Open Meetings Act several times since then. Stat. Stat. of Comm'rs of Danville v. Advocate Communs., 527 S.W.3d 803, 807 (Ky. 2017). Ky. Rev. Stat. Ky. Rev. The definition of "public records" covers virtually every record, paper or electronic or otherwise, owned or controlled by a public agency. 61.805(c) & (e). Generally, the governing bodies of all executive branch agencies are covered by the Open Meetings Act. There is no limitation on copying records after inspection: "Upon inspection, the applicant shall have the right to make abstracts of public records and memoranda thereof, and to obtain copies of all public records not exempted by the terms of [Ky. Rev. 61.871. 61.878(1)(e): "Public records which are developed by an agency in conjunction with the regulation or supervision of financial institutions, including but not limited to, banks, savings and loan associations and credit unions, which disclose the agency's internal examining or audit criteria and related analytical methods;", Ky. Rev. Stat. 610.320(3) and the Open Records Act); see also 95-ORD-121 (discussing Ky. Rev. 61.846 & 61.848. See Ky. Rev. The action is brought in the Circuit Court of the county where the public agency has its principal place of business or where the alleged violation occurred. Ky. Rev. See 94-ORD-17 (finding Act, as incorporated by Open Records Act, prohibits disclosure of students' home addresses and telephone numbers). Nonexempt public records used for noncommercial purposes shall be copies in standard hard copy format where agencies currently maintain records in hard copy format. See Ky. Rev. 61.880(4). See Ky. Rev. § 1232g, a University's Financial Aid Professional Judgment Committee may go into closed session to discuss financial aid appeals, 98-OMD-142, and a Housing Appeals Committee at Eastern Kentucky University is authorized to go into closed session to discuss student housing appeals.