Kentucky Public Information Act Exceptions.

Kentucky Open Records Act Overview

The Kentucky Open Records Act (KRS 61.870-61.884) establishes the core entitlement of Kentucky residents to inspect and acquire copies of public files maintained by state and local governing bodies. Built to foster clarity and responsibility in governance, the Act asserts that “free and open examination of public records is in the public interest” (KRS 61.871).

The Act spans widely to include all public authorities in Kentucky, covering state and local government entities, and even groups that receive at least 25% of their funds from public coffers or have a majority of their leadership appointed by a governmental body. This extensive reach guarantees that a broad array of government and quasi-governmental files remain accessible to the public.

While the Act leans toward openness, it acknowledges that certain documents may be withheld from public view to shield valid privacy interests, preserve the integrity of government functions, or guard sensitive data. These exceptions, outlined in KRS 61.878, are to be “strictly construed” to uphold the goal of transparent governance.

Public Records Subject to Disclosure

Types of Public Records

The Act outlines public records broadly, encompassing all materials created, possessed, or held by a public body, regardless of form. This includes:

Written communications and letters
Digital records and databases
Sound and video files
Images and geographical data
Fiscal reports and budgets
Minutes from meetings and agendas

Public records come in many forms, such as paper, electronic formats, and more. The Kentucky Department for Libraries and Archives provides advice on how public bodies should manage and retain records.

Agencies Covered by the Act

The Open Records Act governs a diverse group of public institutions, including:

State executive, legislative, and judicial sectors
County and city governments
School boards and public colleges
Special districts and public companies
Any group that heavily relies on public money or is run by public figures

It’s important to know that even private organizations could fall under the Act if they meet conditions tied to public funding or oversight. The Kentucky Attorney General’s Office gives opinions on how the Act applies to certain groups.

Exemptions from Disclosure

Although the Kentucky Open Records Act emphasizes openness, it also respects the need to protect specific details from being revealed. KRS 61.878 details categories of documents that may be kept from public access. These exemptions aren’t obligatory, and agencies can opt to release exempt documents unless prohibited by other laws.

Personal Privacy Exemption

Files containing private details might be withheld if sharing them would be an unreasonable intrusion on personal privacy. This exemption requires agencies to weigh the public’s right to know against someone’s right to privacy. Examples could involve:

Social Security information
Home addresses and phone numbers of public workers
Health files
Personal financial data

Confidential or Proprietary Information

Documents regarded as confidential or proprietary may be withheld, particularly if disclosure would unfairly aid competitors. This exemption often covers:

Trade secrets
Private business data
Research information before being published
Records related to economic ventures

Law Enforcement Records

Some police records may be exempt to protect ongoing probes, anonymous informants, or public safety. This covers:

Files on active investigations
Data that might reveal informant identities
Records that could expose police strategies

Preliminary Documents and Correspondence

The Act exempts early drafts, notes, and private letters, along with preliminary suggestions and memos where opinions or policies are shaped. This aims to safeguard the decision-making process in government.

Homeland Security and Public Safety

Records that might reveal weaknesses in preparing for, preventing, or handling terrorist actions are exempt. This includes records about:

Key infrastructure
Emergency plans
Security measures for public locations

Procedures for Requesting Records

To get public documents under the Kentucky Open Records Act, individuals must follow specific steps outlined in KRS 61.872.

Submitting a Request

Requests for public files must be sent in writing to the official record-keeper of the relevant agency. The request must:

Clearly outline the documents sought
Include the requester’s contact details
State whether the documents will be used for business purposes

Agencies might provide request forms but are required to accept any written request that aligns with the Act.

Agency Response Requirements

Public bodies must reply to requests within three business days, excluding weekends and holidays. The reply must:

Allow access to the requested files
Deny the request, stating the specific exemption used
Explain if the files are in use or temporarily unavailable, giving an expected availability date

If files can’t be provided within the three-day window, agencies can ask for more time, which must be agreed to by the requester.

Fees and Charges

Agencies can charge reasonable fees for copies, not exceeding the actual cost of reproducing records. The Finance and Administration Cabinet sets standard copy fees for state agencies. Viewing records is free, and agencies can’t charge for the time it takes staff to fulfill requests.

Challenging Exemptions

When a request for public files is denied, the requester can challenge the ruling through administrative and court channels.

Administrative Appeals

Requesters can appeal to the Kentucky Attorney General’s Office within 60 days of receiving the agency’s reply. The Attorney General will review the appeal and issue a decision within 20 business days, which stands unless appealed to circuit court.

Judicial Review

Both requesters and agencies can appeal the Attorney General’s ruling to circuit court within 30 days. The court will conduct a full review of the case and may award costs and attorney fees to the requester if it determines records were wrongly withheld.