Kentucky Public Records < Kentucky Foia Laws
Kentucky Foia Laws.
The Kentucky Open Records Act, nestled within KRS 61.870 to KRS 61.884, grants Kentucky citizens the right to peek into public records. Enacted back in 1976, this legislation ensures clarity and holds government accountable by allowing the public to access and get copies of records held by agencies. The Act rests on the belief that allowing free viewing of public records is beneficial, even if it creates inconvenience or awkwardness for officials.
The Kentucky Open Records Act aligns itself with the Kentucky Open Meetings Act to boost transparency in government. While the Open Records Act handles access to documents, the Open Meetings Act ensures the public can be present during meetings where decisions take place.
Key Features of the Act
Public Records Definition
The Act lays out a broad description of public records in KRS 61.870(2). This includes all manner of books, papers, maps, photographs, tapes, discs, or other forms of documentation, no matter the physical form. These materials must be created, used, or retained by a public agency to be considered public records.
Public records cover a wide swath of items, such as:
- Emails and digital databases
- Records that aren’t kept on agency grounds
- Mugshots and inmate files as defined by KRS 61.870(9)
It’s worth noting that some records may still be excluded from viewing under the Act’s rules.
Public Agency Definition
The Act applies to “public agencies” as laid out in KRS 61.870(1). This includes:
- Officers, departments, and legislative bodies of state and local governments
- Governing bodies of counties, cities, school boards, special districts, and municipal corporations
- Agencies formed by law or executive actions
- Organizations formed by state or local authority in any government branch
- Groups that receive at least a quarter of their funds from state or local sources in any fiscal period, with a few exceptions
- Agencies where most members of the governing body are appointed by a public entity
- Interagency bodies involving two or more public agencies
Requesting Public Records
The Kentucky Open Records Act lays out clear steps for asking for public records. These procedures are designed to ensure the public can get access while also giving agencies the space to handle requests efficiently.
Request Procedure
To view public records, a person must make a request to the agency’s designated custodian of records. The custodian might ask that the request be written, signed, with the requester’s name clearly written, and the records being described. As mentioned in KRS 61.872(2), the custodian can specify whether the request is hand-delivered, mailed, faxed, or emailed to the agency.
Agency Response
Public agencies have to reply to requests within three business days from when they receive it. If the request is rejected, the response must state the exemption that allows the agency to withhold the record and explain how the exemption applies, as outlined in KRS 61.880(1).
Fees and Charges
While viewing records is free, agencies can charge fees for copies. For non-commercial requests, fees shouldn’t go beyond the actual reproduction costs, minus labor. For commercial requests, agencies may charge additional fees like staff time, as stated in KRS 61.874(4).
Exemptions from Public Inspection
The Kentucky Open Records Act includes several carve-outs that let agencies keep some records away from public eyes. These exemptions, located in KRS 61.878(1), include:
- Personal info where disclosure would be an unwarranted breach of privacy
- Information shared confidentially for research purposes
- Certain business and commercial-related records
- Preliminary drafts, notes, and letters with private individuals
- Law enforcement materials that might hurt ongoing probes
- Files barred from being shared by federal or state law
It’s key to remember that these exemptions are strictly interpreted, and the agency must prove why the record shouldn’t be inspected.
Role of the Attorney General
The Kentucky Attorney General has a pivotal role in upholding and interpreting the Open Records Act. If a request is rejected, the requester can ask the Attorney General to weigh in. The Attorney General must then issue a written decision within 20 days, and that decision becomes binding unless appealed to the circuit court within 30 days.
Recent Developments and Legal Cases
The interpretation and use of the Kentucky Open Records Act evolve over time through legislative tweaks and court decisions. For example, in 2021, the Kentucky General Assembly approved House Bill 312, which made major adjustments to the Act, such as limiting open records requests to Kentucky residents and requiring agencies to accept requests electronically.
Key court rulings have also influenced the Act. In University of Kentucky v. Kernel Press, Inc., the Kentucky Supreme Court dealt with the tug-of-war between privacy rights and the public’s need to access university records.