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GOVERNMENT AND THE OPEN RECORDS ACT KRS 61.870 884 Commonly Known As THE SUNSHINE LAW

2. . Government is the servant of the people and not the master of them and access to information concerning the conduct of the people's business is a fundamental and necessary right of every citizen in the Commonwealth of Kentucky.. 3. KRS 61.872(1). All Public Records shall be open for inspection by any person, except as otherwise provided by the Act. .

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GOVERNMENT AND THE OPEN RECORDS ACT KRS 61.870 884 Commonly Known As THE SUNSHINE LAW

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    1. 1 GOVERNMENT AND THE OPEN RECORDS ACT KRS 61.870 – 884 (Commonly Known As “THE SUNSHINE LAW” PREAMBLE TO THE OPEN RECORDS ACT

    2. 2 Government is the servant of the people and not the master of them and access to information concerning the conduct of the people’s business is a fundamental and necessary right of every citizen in the Commonwealth of Kentucky.

    3. 3 KRS 61.872(1) All Public Records shall be open for inspection by any person, except as otherwise provided by the Act.

    4. 4 PURPOSE AND CONSTRUCTION OF OPEN RECORDS ACT “The public’s ‘right to know’ under the Open Records Act is premised upon the public’s right to expect its agencies properly to execute their statutory functions. In general, inspection of records may reveal whether the public servants are indeed serving the public, and the policy of disclosure provides impetus for an agency steadfastly to pursue the public good.” Kentucky Board of Examiners v. Courier Journal and Louisville Times Co. “[T]he statute exhibits a general bias favoring disclosure … And all exceptions must be strictly construed.” Kentucky Board of Examiners

    5. 5 THE KENTUCKY OPEN RECORDS ACT KRS 61.870 – 61.884 [T]he 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 strictly construed, even though such examination may cause inconvenience or embarrassment to public officials or others.

    6. 6 PUBLIC RECORDS 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. “Public record” shall not include any records owned or maintained by or for a body referred to in subsection (1)(h) of this section that are not related to functions, activities, programs, or operations funded by state or local authority. KRS 61.870(2)

    7. 7 WHAT CONSTITUTES A PUBLIC AGENCY KRS 61.870(1) Every state or local government officer; department, division, bureau, board, commission, authority; legislative board, commission, committee, court or judicial agency; Any body created by state of local authority or which derives at least twenty-five percent (25%) of its funds expended by it in the Commonwealth of Kentucky from state or local authority funds; Every county and city governing body, council, school district board, special district board, and municipal corporation;

    8. 8 Any entity where the majority of its governing body is appointed by a public agency; by a member or employee of a public agency; Any board, commission, committee, subcommittee, ad hoc committee, advisory Committee, council or agency established, created, and controlled by a public agency; Any interagency body of two (2) or more public agencies

    9. 9 GENERAL REQUIREMENTS FOR PUBLIC AGENCY Suitable Facilities Time for Inspection/Mailing Copies Official Custodian Rules and Regulations

    10. 10 PROCEDURES REQUEST TO INSPECT RECORDS Written Application Directed to Official Custodian Signed by Requestor and with name printed legibly Describing Records

    11. 11 RESPONSE TO REQUEST Written Response Within three (3) business days If Request will be honored, a statement that Agency will comply If Request denied, citation to specific exception and brief explanation Issued by Official Custodian, or under his\her authority

    12. 12 COPYING CHARGES Nonexempt Records Used for Non-commercial Purpose Actual cost including medium and mechanical processing Not including staff costs Nonexempt Records used for Commercial Purpose Cost to agency of medium, mechanical processing, and staff Cost to agency of creation, purchase, or other acquisition of the records

    13. 13 COMMERCIAL PURPOSE The direct or indirect use of any part of a public record or records, in any form, for sale, resale, solicitation, rent, or lease of a service, or any use by which the user expects a profit either through commission, salary, or fee. EXCLUDES Publication by newspaper or periodical Use by radio or television station in its news or informational programs Use in preparation of litigation, claims settlement, or by attorneys representing parties

    14. 14 UNREASONABLE BURDEN (KRS 61.872(6) If the application places an unreasonable burden in producing public records or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency, the official custodian may refuse to permit inspection of the public records or mail copies thereof. However, refusal under this section shall be sustained by clear and convincing evidence.

    15. 15 COMMONLY CITED EXCEPTIONS KRS 61.878(1)(a) – public records containing information of a personal nature … KRS 61.878(1)(h) – records of law enforcement agencies or agencies involved in administrative adjudications … KRS 61.878(1)(i) – preliminary drafts, notes, correspondence with private individuals … KRS 61.878(1)(j) – preliminary recommendations, and preliminary memoranda… KRS 61.878(1)(l) – public records or information made confidential by enactment of the General Assembly …

    16. 16 HOMELAND SECURITY EXEMPTION KRS 61.878(m) Permit public agency to deny inspection of certain records when the disclosure of that record 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 and limited to: Infrastructure records that expose location, configuration, or security of critical systems, including public utilities; Detailed drawings, schematics, maps or specifications of structural elements…floor plans…of Any building or facility owned, occupied, leased, or maintained by a public agency;

    17. 17 TERRORIST ACT Criminal Act intended to: Intimidate or coerce a public agency …; Disrupt a system including but not limited to electrical, fire suppression, water, wastewater, sewage, and gas systems; Cause massive destruction to a building or facility owned, occupied, leased, or maintained by a public agency;

    18. 18 KRS 61.878(4) Duty to Redact If any public record contains material which is not excepted under this section, the public agency shall separate the excepted and make the non-excepted material available for examination

    19. 19 REQUIREMENTS IF DOCUMENTS WITHHELD On the same day that a public agency denies a request to inspect a public record for a reason identified above, that public agency shall Forward a copy of the written denial of the request to the executive director of the Office for Security Coordination and the Attorney General NOTE: The homeland security exemption shall not apply when a member of the Kentucky General Assembly seeks to inspect a public record.

    20. 20 ROLE OF THE ATTORNEY GENERAL Appeal to Attorney General/Circuit Court Notification Request for Additional Documentation/Disputed Documents Burden of Proof Decision Stating Whether Agency Violated Open Records Act Appeal of Attorney General’s Decision within Thirty Days

    21. 21 TROUBLESHOOTING RE-EXAMINATION OF EXISTING POLICIES DESIGNATION OF CUSTODIAN OF RECORD RULES AND REGULATIONS OPEN RECORDS POLICY PROCEDURAL AND SUBSTANTIVE COMPLIANCE TIMELINESS CONTENT PARTICULARIZED AND DETAILED RESPONSES Edmondson v. Alig EDUCATION AWARENESS RESOURCES OUTLINES AND BROCHURES WEBSITE: www.ag.ky.gov Attorney General (502) 696-5664

    22. 22 THE END

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