Legal Resources

KENTUCKY’S OPEN MEETINGS LAW
through June 30, 2022

KRS 61.800 Legislative statement of policy

The General Assembly finds and declares that the basic policy of KRS 61.805 to 61.850 is that the formation of public policy is public business and shall not be conducted in secret and the exceptions provided for by KRS 61.810 or otherwise provided for by law shall be strictly construed.

KRS 61.805 Definitions for KRS 61.805 to 61.850

As used in KRS 61.805 to 61.850, unless the context otherwise requires:

1. “Meeting” means all gatherings of every kind, including video teleconferences, regardless of where the meeting is held, and whether regular or special and informational or casual gatherings held in anticipation of or in conjunction with a regular or special meeting;
2. “Public agency” means:
   (a) Every state or local government board, commission, and authority;
   (b) Every state or local legislative board, commission, and committee;
   (c) Every county and city governing body, council, school district board, special district board, and municipal corporation;
   (d) Every state or local government agency, including the policy-making board of an institution of education, created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act;
   (e) Any body created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act in the legislative or executive branch of government;
   (f) Any entity when the majority of its governing body is appointed by a “public agency” as defined in paragraph (a), (b), (c), (d), (e), (g), or (h) of this subsection, a member or employee of a “public agency,” a state or local officer, or any combination thereof;
   (g) Any board, commission, committee, subcommittee, ad hoc committee, advisory committee, council, or agency, except for a committee of a hospital medical staff or a committee formed for the purpose of evaluating the qualifications of public agency employees, established, created, and controlled by a “public agency” as defined in paragraph (a), (b), (c), (d), (e), (f), or (h) of this subsection; and
   (h) Any interagency body of two (2) or more public agencies where each “public agency” is defined in paragraph (a), (b), (c), (d), (e), (f), or (g) of this subsection;
3. “Action taken” means a collective decision, a commitment or promise to make a positive or negative decision, or an actual vote by a majority of the members of the governmental body; and
4. “Member” means a member of the governing body of the public agency and does not include employees or licensees of the agency.
5. “Video teleconference” means one (1) meeting, occurring in two (2) or more locations, where individuals can see and hear each other by means of video and audio equipment.

KRS 61.810 Exceptions to open meetings

1. All meetings of a quorum of the members of any public agency at which any public business is discussed or at which any action is taken by the agency, shall be public meetings, open to the public at all times, except for the following:
   (a) Deliberations for decisions of the Kentucky Parole Board;
   (b) Deliberations on the future acquisition or sale of real property by a public agency, but only when publicity would be likely to affect the value of a specific piece of property to be acquired for public use or sold by a public agency;
   (c) Discussions of proposed or pending litigation against or on behalf of the public agency;
   (d) Grand and petit jury sessions;
   (e) Collective bargaining negotiations between public employers and their employees or their representatives;
   (f) Discussions or hearings which might lead to the appointment, discipline, or dismissal of an individual employee, member, or student without restricting that employee’s, member’s, or student’s right to a public hearing if requested. This exception shall not be interpreted to permit discussion of general personnel matters in secret;
   (g) Discussions between a public agency and a representative of a business entity and discussions concerning a specific proposal, if open discussions would jeopardize the siting, retention, expansion, or upgrading of the business;
   (h) State and local cabinet meetings and executive cabinet meetings;
   (i) Committees of the General Assembly other than standing committees;
   (j) Deliberations of judicial or quasi-judicial bodies regarding individual adjudications or appointments, at which neither the person involved, his representatives, nor any other individual not a member of the agency’s governing body or staff is present, but not including any meetings of planning commissions, zoning commissions, or boards of adjustment;
   (k) Meetings which federal or state law specifically require to be conducted in privacy;
   (l) Meetings which the Constitution provides shall be held in secret;
   (m) That portion of a meeting devoted to a discussion of a specific public record exempted from disclosure under KRS 61.878(1)(m). However, that portion of any public agency meeting shall not be closed to a member of the Kentucky General Assembly; and
   (n) Meetings of any selection committee, evaluation committee, or other similar group established under KRS Chapter 45A or 56 or other state or local law, to select a successful bidder for award of a state or local contract.
2. Any series of less than quorum meetings, where the members attending one (1) or more of the meetings collectively constitute at least a quorum of the members of the public agency and where the meetings are held for the purpose of avoiding the requirements of subsection (1) of this section, shall be subject to the requirements of subsection (1) of this section. Nothing in this subsection shall be construed to prohibit discussions between individual members where the purpose of the discussions is to educate the members on specific issues.

KRS 61.815 Requirements for conducting closed sessions

1. Except as provided in subsection (2) of this section, the following requirements shall be met as a condition for conducting closed sessions authorized by KRS 61.810:
   (a) Notice shall be given in regular open meeting of the general nature of the business to be discussed in closed session, the reason for the closed session, and the specific provision of KRS 61.810 authorizing the closed session;
   (b) Closed sessions may be held only after a motion is made and carried by a majority vote in open, public session;
   (c) No final action may be taken at a closed session; and
   (d) No matters may be discussed at a closed session other than those publicly announced prior to convening the closed session.
2. Public agencies and activities of public agencies identified in paragraphs (a), (c), (d), (e), (f), but only so far as (f) relates to students, (g), (h), (i), (j), (k), (l), and (m) of subsection (1) of KRS 61.810 shall be excluded from the requirements of subsection (1) of this section.

KRS 61.820 Schedule of regular meetings to be made available

1. All meetings of all public agencies of this state, and any committees or subcommittees thereof, shall be held at specified times and places which are convenient to the public. In considering locations for public meetings, the agency shall evaluate space requirements, seating capacity, and acoustics.
2. All public agencies shall provide for a schedule of regular meetings by ordinance, order, resolution, bylaws, or by whatever other means may be required for the conduct of business of that public agency. The schedule of regular meetings shall be made available to the public.

KRS 61.823 Special meetings; emergency meetings

1. Except as provided in subsection (5) of this section, special meetings shall be held in accordance with the provisions of subsections (2), (3), and (4) of this section.
2. The presiding officer or a majority of the members of the public agency may call a special meeting.
3. The public agency shall provide written notice of the special meeting. The notice shall consist of the date, time, and place of the special meeting and the agenda. Discussions and action at the meeting shall be limited to items listed on the agenda in the notice.
4. (a) As soon as possible, written notice shall be delivered personally, transmitted by facsimile machine, or mailed to every member of the public agency as well as each media organization which has filed a written request, including a mailing address, to receive notice of special meetings. The notice shall be calculated so that it shall be received at least twenty-four (24) hours before the special meeting. The public agency may periodically, but no more often than once in a calendar year, inform media organizations that they will have to submit a new written request or no longer receive written notice of special meetings until a new written request is filed.
   (b) A public agency may satisfy the requirements of paragraph (a) of this subsection by transmitting the written notice by electronic mail to public agency members and media organizations that have filed a written request with the public agency indicating their preference to receive electronic mail notification in lieu of notice by personal delivery, facsimile machine, or mail. The written request shall include the electronic mail address or addresses of the agency member or media organization.
   (c) As soon as possible, written notice shall also be posted in a conspicuous place in the building where the special meeting will take place and in a conspicuous place in the building which houses the headquarters of the agency. The notice shall be calculated so that it shall be posted at least twenty-four (24) hours before the special meeting.
5. In the case of an emergency which prevents compliance with subsections (3) and (4) of this section, this subsection shall govern a public agency’s conduct of a special meeting. The special meeting shall be called pursuant to subsection (2) of this section. The public agency shall make a reasonable effort, under emergency circumstances, to notify the members of the agency, media organizations which have filed a written request pursuant to subsection (4)(a) of this section, and the public of the emergency meeting. At the beginning of the emergency meeting, the person chairing the meeting shall briefly describe for the record the emergency circumstances preventing compliance with subsections (3) and (4) of this section. These comments shall appear in the minutes. Discussions and action at the emergency meeting shall be limited to the emergency for which the meeting is called.

KRS 61.826 Video teleconferencing of meetings

1. A public agency may conduct any meeting through video teleconference.
2. Notice of a video teleconference meeting shall:
   (a) Comply with the requirements of KRS 61.820 or 61.823 as appropriate;
   (b) Clearly state that the meeting will be a video teleconference;
   (c) Provide specific information on how any member of the public or media organization may view the meeting electronically; and
   (d) In any case where the public agency has elected to provide a physical location, or in any circumstance where two (2) or more members of the public agency are attending a video teleconference meeting from the same physical location, precisely identify a primary physical location of the video teleconference where all members can be seen and heard and the public may attend in accordance with KRS 61.840.
3. The same procedures with regard to participation, distribution of materials, and other matters shall apply in all video teleconference locations. Members of the public agency who participate in a video teleconference shall remain visible on camera at all times that business is being discussed.
4. Any interruption in the video or audio broadcast of a video teleconference at any location shall
   result in the suspension of the video teleconference until the broadcast is restored.
5. If a regular meeting is changed to a video conference, the meeting shall remain a regular meeting if the meeting occurs on the same date and time as originally scheduled and the public agency follows the provisions of KRS 61.823(4) to provide a notice that meets the requirements of subsection (2)(b) to (d) of this section.

KRS 61.835 Minutes to be recorded; open to public

The minutes of action taken at every meeting of any such public agency, setting forth an accurate record of votes and actions at such meetings, shall be promptly recorded and such records shall be open to public inspection at reasonable times no later than immediately following the next meeting of the body.

KRS 61.840 Conditions for attendance

No condition other than those required for the maintenance of order shall apply to the attendance of any member of the public at any meeting of a public agency. No person may be required to identify himself in order to attend any such meeting. All agencies shall provide meeting room conditions, including adequate space, seating, and acoustics, which insofar as is feasible allow effective public observation of the public meetings. All agencies shall permit news media coverage, including but not limited to recording and broadcasting.

KRS 61.846 Enforcement by administrative procedure; appeal

1. If a person enforces KRS 61.805 to 61.850 pursuant to this section, he shall begin enforcement under this subsection before proceeding to enforcement under subsection (2) of this section. The person shall submit a written complaint to the presiding officer of the public agency suspected of the violation of KRS 61.805 to 61.850. The complaint shall state the circumstances which constitute an alleged violation of KRS 61.805 to 61.850 and shall state what the public agency should do to remedy the alleged violation. The public agency shall determine within three (3) days, excepting Saturdays, Sundays, and legal holidays, after the receipt of the complaint whether to remedy the alleged violation pursuant to the complaint and shall notify in writing the person making the complaint, within the three (3) day period, of its decision. If the public agency makes efforts to remedy the alleged violation pursuant to the complaint, efforts to remedy the alleged violation shall not be admissible as evidence of wrongdoing in an administrative or judicial proceeding. An agency’s response denying, in whole or in part, the complaint’s requirements for remedying the alleged violation shall include a statement of the specific statute or statutes supporting the public agency’s denial and a brief explanation of how the statute or statutes apply. The response shall be issued by the presiding officer, or under his authority, and shall constitute final agency action.
2. If a complaining party wishes the Attorney General to review a public agency’s denial, the complaining party shall forward to the Attorney General a copy of the written complaint and a copy of the written denial within sixty (60) days from receipt by that party of the written denial. If the public agency refuses to provide a written denial, a complaining party shall provide a copy of the written complaint within sixty (60) days from the date the written complaint was submitted to the presiding officer of the public agency. The Attorney General shall review the complaint and denial and issue within ten (10) days, excepting Saturdays, Sundays, and legal holidays, a written decision which states whether the agency violated the provisions of KRS 61.805 to 61.850. In arriving at the decision, the Attorney General may request additional documentation from the agency. On the day that the Attorney General renders his decision, he shall mail a copy to the agency and a copy to the person who filed the complaint.
3. (a) If a public agency agrees to remedy an alleged violation pursuant to subsection (1) of this section, and the person who submitted the written complaint pursuant to subsection (1) of this section believes that the agency’s efforts in this regard are inadequate, the person may complain to the Attorney General.
   (b) The person shall provide to the Attorney General:
   1. The complaint submitted to the public agency;
      
   2. The public agency’s response; and
      
   3. A written statement of how the public agency has failed to remedy the alleged violation.

   (c) The adjudicatory process set forth in subsection (2) of this section shall govern as if the public agency had denied the original complaint.

4. (a) A party shall have thirty (30) days from the day that the Attorney General renders his decision to appeal the decision. An appeal within the thirty (30) day time limit shall be treated as if it were an action brought under KRS 61.848.
   (b) If an appeal is not filed within the thirty (30) day time limit, the Attorney General’s decision, as to whether the agency violated the provisions of KRS 61.805 to 61.850, shall have the force and effect of law and shall be enforceable in the Circuit Court of the county where the public agency has its principal place of business or where the alleged violation occurred.
5. A public agency shall notify the Attorney General of any actions filed against that agency in Circuit Court regarding enforcement of KRS 61.805 to 61.850.

KRS 61.848 Enforcement by judicial action; de novo determination in appeal of Attorney General’s decision; voidability of action not substantially complying; awards in willful violation actions

1. The Circuit Court of the county where the public agency has its principal place of business or where the alleged violation occurred shall have jurisdiction to enforce the provisions of KRS 61.805 to 61.850, as they pertain to that public agency, by injunction or other appropriate order on application of any person.
2. A person alleging a violation of the provisions of KRS 61.805 to 61.850 shall not have to exhaust his remedies under KRS 61.846 before filing suit in a Circuit Court. However, he shall file suit within sixty (60) days from his receipt of the written denial referred to in subsections (1) and (2) of KRS 61.846 or, if the public agency refuses to provide a written denial, within sixty (60) days from the date the written complaint was submitted to the presiding officer of the public agency.
3. In an appeal of an Attorney General’s decision, where the appeal is properly filed pursuant to subsection (4)(a) of KRS 61.846, the court shall determine the matter de novo.
4. Except as otherwise provided by law or rule of court, proceedings arising under this section take precedence on the docket over all other causes and shall be assigned for hearing and trial at the earliest practicable date.
5. Any rule, resolution, regulation, ordinance, or other formal action of a public agency without substantial compliance with the requirements of KRS 61.810, 61.815, 61.820, and KRS 61.823 shall be voidable by a court of competent jurisdiction.
6. Any person who prevails against any agency in any action in the courts regarding a violation of KRS 61.805 to 61.850, where the violation is found to be willful, may be awarded costs, including reasonable attorneys’ fees, incurred in connection with the legal action. In addition, it shall be within the discretion of the court to award the person an amount not to exceed one hundred dollars ($100) for each instance in which the court finds a violation. Attorneys’ fees, costs, and awards under this subsection shall be paid by the agency responsible for the violation.

KRS 61.850 Construction

KRS 61.805 to 61.850 shall not be construed as repealing any of the laws of the Commonwealth relating to meetings but shall be held and construed as ancillary and supplemental thereto.

KENTUCKY’S OPEN RECORDS LAW

through June 30, 2022

KRS 61.870 Definitions for KRS 61.870 to 61.884

As used in KRS 61.870 to 61.884, unless the context requires otherwise:

1. “Public agency” means:
   (a) Every state or local government officer;
   (b) Every state or local government department, division, bureau, board, commission, and authority;
   (c) Every state or local legislative board, commission, committee, and officer;
   (d) Every county and city governing body, council, school district board, special district board, and municipal corporation;
   (e) Every state or local court or judicial agency;
   (f) Every state or local government agency, including the policy-making board of an institution of education, created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act;
   (g) Any body created by state or local authority in any branch of government;
   (h) Any body which, within any fiscal year, derives at least twenty-five percent (25%) of its funds expended by it in the Commonwealth of Kentucky from state or local authority funds. However, any funds derived from a state or local authority in compensation for goods or services that are provided by a contract obtained through a public competitive procurement process shall not be included in the determination of whether a body is a public agency under this subsection;
   (i) Any entity where the majority of its governing body is appointed by a public agency as defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (j), or (k) of this subsection; by a member or employee of such a public agency; or by any combination thereof;
   (j) Any board, commission, committee, subcommittee, ad hoc committee, advisory committee, council, or agency, except for a committee of a hospital medical staff, established, created, and controlled by a public agency as defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), or (k) of this subsection; and
   (k) Any interagency body of two (2) or more public agencies where each public agency is defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), or (j) of this subsection;
2. “Public record” means 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;
3. (a) “Software” means the program code which makes a computer system function, but does not include that portion of the program code which contains public records exempted from inspection as provided by KRS 61.878 or specific addresses of files, passwords, access codes, user identifications, or any other mechanism for controlling the security or restricting access to public records in the public agency’s computer system.
   (b) “Software” consists of the operating system, application programs, procedures, routines, and subroutines such as translators and utility programs, but does not include that material which is prohibited from disclosure or copying by a license agreement between a public agency and an outside entity which supplied the material to the agency;
4. (a) “Commercial purpose” means 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.
   (b) “Commercial purpose” shall not include:
   1. Publication or related use of a public record by a newspaper or periodical;
   2. Use of a public record by a radio or television station in its news or other informational programs; or
   3. Use of a public record in the preparation for prosecution or defense of litigation, or claims settlement by the parties to such action, or the attorneys representing the parties;
5. “Official custodian” means the chief administrative officer or any other officer or employee of a public agency who is responsible for the maintenance, care and keeping of public records, regardless of whether such records are in his actual personal custody and control;
6. “Custodian” means the official custodian or any authorized person having personal custody and control of public records;
7. “Media” means the physical material in or on which records may be stored or represented, and which may include, but is not limited to paper, microform, disks, diskettes, optical disks, magnetic tapes, and cards;
8. “Mechanical processing” means any operation or other procedure which is transacted on a machine, and which may include, but is not limited to a copier, computer, recorder or tape processor, or other automated device;
9. “Booking photograph and photographic record of inmate” means a photograph or image of an individual generated by law enforcement for identification purposes when the individual is booked into a detention facility as defined in KRS 520.010 or photograph and image of an inmate taken pursuant to KRS 196.099; and
10. “Resident of the Commonwealth” means:
    (a) An individual residing in the Commonwealth;
    (b) A domestic business entity with a location in the Commonwealth;
    (c) A foreign business entity registered with the Secretary of State;
    (d) An individual that is employed and works at a location or locations within the Commonwealth;
    e) An individual or business entity that owns real property within the Commonwealth;
    (f) Any individual or business entity that has been authorized to act on behalf of an individual or business entity defined in paragraphs (a) to (e) of this subsection; or
    (g) A news-gathering organization as defined in KRS 189.635(8)(b)1.a. to e.

KRS 61.871 Policy of KRS 61.870 to 61.884; strict construction of exceptions of KRS 61.878

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 strictly construed, even though such examination may cause inconvenience or embarrassment to public officials or others.

KRS 61.8715 Legislative findings

The General Assembly finds an essential relationship between the intent of this chapter and that of KRS 171.410 to 171.740, dealing with the management of public records, and of KRS 42.720 to 42.742, 45.253, 171.420, 186A.040, and 186A.285, dealing with the coordination of strategic planning for computerized information systems in state government; and that to ensure the efficient administration of government and to provide accountability of government activities, public agencies are required to manage and maintain their records according to the requirements of these statutes. The General Assembly further recognizes that while all government agency records are public records for the purpose of their management, not all these records are required to be open to public access, as defined in this chapter, some being exempt under KRS 61.878.

KRS 61.872 Right of Kentucky residents to inspect public records; written application

1. All public records shall be open for inspection by any resident of the Commonwealth, except as otherwise provided by KRS 61.870 to 61.884, and suitable facilities shall be made available by each public agency for the exercise of this right. No resident of the Commonwealth shall remove original copies of public records from the offices of any public agency without the written permission of the official custodian of the record.
2. (a) Any resident of the Commonwealth shall have the right to inspect public records. The official custodian may require a written application, signed by the applicant and with his or her name printed legibly on the application, describing the records to be inspected. The official custodian may require the applicant to provide a statement in the written application of the manner in which the applicant is a resident of the Commonwealth under KRS 61.870(10)(a) to (f).
   (b) The written application shall be:
   1. Hand delivered;
   2. Mailed;
   3. Sent via facsimile; or
   4. Sent via e-mail to the public agency’s official custodian of public records or his or her designee at the e-mail address designated in the public agency’s rules and regulations adopted pursuant to KRS 61.876.

   (c) A public agency shall not require the use of any particular form for the submission of an open records request, but shall accept for any request the standardized form developed under subsection (4) of KRS 61.876.

3. A resident of the Commonwealth may inspect the public records:
   (a) During the regular office hours of the public agency; or
   (b) By receiving copies of the public records from the public agency through the mail. The public agency shall mail copies of the public records to a person whose residence or principal place of business is outside the county in which the public records are located after he or she precisely describes the public records which are readily available within the public agency. If the resident of the Commonwealth requesting the public records requests that copies of the records be mailed, the official custodian shall mail the copies upon receipt of all fees and the cost of mailing.
4. If the person to whom the application is directed does not have custody or control of the public record requested, that person shall notify the applicant and shall furnish the name and location of the official custodian of the agency’s public records.
5. If the public record is in active use, in storage or not otherwise available, the official custodian shall immediately notify the applicant and shall designate a place, time, and date for inspection of the public records, not to exceed five (5) days from receipt of the application, unless a detailed explanation of the cause is given for further delay and the place, time, and earliest date on which the public record will be available for inspection.
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.

KRS 61.8745 Damages recoverable by public agency for person’s misuse of public records

A person who violates subsections (2) to (6) of KRS 61.874 shall be liable to the public agency from which the public records were obtained for damages in the amount of:

1. Three (3) times the amount that would have been charged for the public record if the actual commercial purpose for which it was obtained or used had been stated;
2. Costs and reasonable attorney’s fees; and
3. Any other penalty established by law.

KRS 61.8746 Commercial use of booking photographs or official inmate photographs prohibited; conditions; right of action; damages

1. A person shall not utilize a booking photograph or a photograph of an inmate taken pursuant to KRS 196.099 originally obtained from a public agency for a commercial purpose if:
   (a) The photograph will be placed in a publication or posted on a website; and
   (b) Removal of the photograph from the publication or website requires the payment of a fee or other consideration.
2. Any person who has requested the removal of a booking photograph or photo taken pursuant to KRS 196.099 of himself or herself:
   (a) Which was subsequently placed in a publication or posted on a website; and
   (b) Whose removal requires the payment of a fee or other consideration; shall have a right of action in Circuit Court by injunction or other appropriate order and may also recover costs and reasonable attorney’s fees.
3. At the court’s discretion, any person found to have violated this section in an action brought under subsection (2) of this section, may be liable for damages for each separate violation, in an amount not less than:
   (a) One hundred ($100) dollars a day for the first thirty (30) days;
   (b) Two hundred and fifty ($250) dollars a day for the subsequent thirty (30) days; and
   (c) Five hundred ($500) dollars a day for each day thereafter. If a violation is continued for more than one (1) day, each day upon which the violation occurs or is continued shall be considered and constitute a separate violation.

KRS 61.876 Agency to adopt rules and regulations; standardized form to request public records

1. Each public agency shall adopt rules and regulations in conformity with the provisions of KRS 61.870 to 61.884 to provide full access to public records, to protect public records from damage and disorganization, to prevent excessive disruption of its essential functions, to provide assistance and information upon request and to ensure efficient and timely action in response to application for inspection, and such rules and regulations shall include but shall not be limited to:
   (a) The principal office of the public agency and its regular office hours;
   (b) The title, mailing address, and e-mail address of the official custodian of the public agency’s records;
   (c) The fees, to the extent authorized by KRS 61.874 or other statute, charged for copies;
   (d) The procedures to be followed in requesting public records.
2. Each public agency shall display in a prominent location accessible to the public, including on its website:
   (a) A copy of its rules and regulations pertaining to public records;
   (b) The mailing address, e-mail address, and phone number of the official custodian of the records or his or her designee to which all requests for public records shall be made; and
   (c) The form developed by the Attorney General under subsection (4) of this section that may be used to request public records.
3. The Finance and Administration Cabinet may promulgate administrative regulations pursuant to KRS Chapter 13A, pertaining to public records, for all state administrative agencies, except for the Legislative Research Commission and the Administrative Office of the Courts, each of which may promulgate administrative regulations for their respective agencies, pertaining to public records.
4. The Attorney General shall promulgate by administrative regulation under KRS Chapter 13A a standardized form that may be used to request public records from a public agency. The form shall not allow any request for information other than the following:
   (a)The name of the requesting party;
   (b) The mailing or e-mail address of the requesting party, if copies of records are requested;
   (c) Whether the request is for a commercial purpose;
   (d) A description of the documents requested;
   (e) A statement that the person making the request:
   1. Is a resident of the Commonwealth under subsection (10) of KRS 61.870; and
   2. The statement includes the manner in which the requester is a resident of the Commonwealth under KRS 61.870(10)(a) to (f); and

   (f) The signature of the requesting party.

5. The Attorney General shall make the form readily available to the public, including on the Attorney General’s website. The form shall be accepted by every public agency for any request for public records made on or after June 29, 2021.

KRS 61.878 Certain public records exempted from inspection except on order of court; restriction of state employees to inspect personnel files prohibited

1. The following public records are excluded from the application of KRS 61.870 to 61.884 and shall be subject to inspection only upon order of a court of competent jurisdiction, except that no court shall authorize the inspection by any party of any materials pertaining to civil litigation beyond that which is provided by the Rules of Civil Procedure governing pretrial discovery:(a) Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy;
   (b) Records confidentially disclosed to an agency and compiled and maintained for scientific research. This exemption shall not, however, apply to records the disclosure or publication of which is directed by another statute;
   (c)
   1. Records confidentially disclosed to an agency or required by an agency to be disclosed to it, generally recognized as confidential or proprietary, which if openly disclosed would permit an unfair commercial advantage to competitors of the entity that disclosed the records;
   2. Records confidentially disclosed to an agency or required by an agency to be disclosed to it, generally recognized as confidential or proprietary, which are compiled and maintained:
      (a) In conjunction with an application for or the administration of a loan or grant;
      (b) In conjunction with an application for or the administration of assessments, incentives, inducements, and tax credits as described in KRS Chapter 154;
      (c) In conjunction with the regulation of commercial enterprise, including mineral exploration records, unpatented, secret commercially valuable plans, appliances, formulae, or processes, which are used for the making, preparing, compounding, treating, or processing of articles or materials which are trade commodities obtained from a person; or
      (d) For the grant or review of a license to do business.
   3. The exemptions provided for in subparagraphs 1. and 2. of this paragraph shall not apply to records the disclosure or publication of which is directed by another statute;

   (d) Public records pertaining to a prospective location of a business or industry where no previous public disclosure has been made of the business’ or industry’s interest in locating in, relocating within or expanding within the Commonwealth. This exemption shall not include those records pertaining to application to agencies for permits or licenses necessary to do business or to expand business operations within the state, except as provided in paragraph (c) of this subsection;
   (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;
   (f) The contents of real estate appraisals, engineering or feasibility estimates and evaluations made by or for a public agency relative to acquisition of property, until such time as all of the property has been acquired. The law of eminent domain shall not be affected by this provision;
   (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;
   (h) Records of law enforcement agencies or agencies involved in administrative adjudication that were compiled in the process of detecting and investigating statutory or regulatory violations if the disclosure of the information would harm the agency by revealing the identity of informants not otherwise known or by premature release of information to be used in a prospective law enforcement action or administrative adjudication. Unless exempted by other provisions of KRS 61.870 to 61.884, public records exempted under this provision shall be open after enforcement action is completed or a decision is made to take no action; however, records or information compiled and maintained by county attorneys or Commonwealth’s attorneys pertaining to criminal investigations or criminal litigation shall be exempted from the provisions of KRS 61.870 to 61.884 and shall remain exempted after enforcement action, including litigation, is completed or a decision is made to take no action. The exemptions provided by this subsection shall not be used by the custodian of the records to delay or impede the exercise of rights granted by KRS 61.870 to 61.884;
   (i) Preliminary drafts, notes, correspondence with private individuals, other than correspondence which is intended to give notice of final action of a public agency;
   (j) Preliminary recommendations, and preliminary memoranda in which opinions are expressed or policies formulated or recommended;
   (k) All public records or information the disclosure of which is prohibited by federal law or regulation or state law;
   (l) Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly, including any information acquired by the Department of Revenue in tax administration that is prohibited from divulgence or disclosure under KRS 131.190;
   (m)

   1. Public 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 and limited to:
      (a) Criticality lists resulting from consequence assessments;
      (b) Vulnerability assessments;
      (c) Antiterrorism protective measures and plans;
      (d) Counterterrorism measures and plans;
      (e) Security and response needs assessments;
      (f) Infrastructure records that expose a vulnerability referred to in this subparagraph through the disclosure of the location, configuration, or security of critical systems, including public utility critical systems. These critical systems shall include but not be limited to information technology, communication, electrical, fire suppression, ventilation, water, wastewater, sewage, and gas systems;
      (g) The following records when their disclosure will expose a vulnerability referred to in this subparagraph: detailed drawings, schematics, maps, or specifications of structural elements, floor plans, and operating, utility, or security systems of any building or facility owned, occupied, leased, or maintained by a public agency; and
      (h) Records when their disclosure will expose a vulnerability referred to in this subparagraph and that describe the exact physical location of hazardous chemical, radiological, or biological materials.
   2. As used in this paragraph, “terrorist act” means a criminal act intended to:
      (a) Intimidate or coerce a public agency or all or part of the civilian population;
      (b) Disrupt a system identified in subparagraph 1.f. of this paragraph; or
      (c) Cause massive destruction to a building or facility owned, occupied, leased, or maintained by a public agency.
   3. On the same day that a public agency denies a request to inspect a public record for a reason identified in this paragraph, that public agency shall forward a copy of the written denial of the request, referred to in KRS 61.880(1), to the executive director of the Kentucky Office of Homeland Security and the Attorney General.
   4. Nothing in this paragraph shall affect the obligations of a public agency with respect to disclosure and availability of public records under state environmental, health, and safety programs.
   5. The exemption established in this paragraph shall not apply when a member of the Kentucky General Assembly seeks to inspect a public record identified in this paragraph under the Open Records Law;

   (n) Public or private records, including books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation regardless of physical form or characteristics, having historic, literary, artistic, or commemorative value accepted by the archivist of a public university, museum, or government depository from a donor or depositor other than a public agency. This exemption shall apply to the extent that nondisclosure is requested in writing by the donor or depositor of such records, but shall not apply to records the disclosure or publication of which is mandated by another statute or by federal law;
   (o) Records of a procurement process under KRS Chapter 45A or 56. This exemption shall not apply after:

   1. A contract is awarded; or
   2. The procurement process is canceled without award of a contract and there is a determination that the contract will not be resolicited;

   (p) Client and case files maintained by the Department of Public Advocacy or any person or entity contracting with the Department of Public Advocacy for the provision of legal representation under KRS Chapter 31;
   (q) Except as provided in KRS 61.168, photographs or videos that depict the death, killing, rape, or sexual assault of a person. However, such photographs or videos shall be made available by the public agency to the requesting party for viewing on the premises of the public agency, or a mutually agreed upon location, at the request of;

   1. (a) Any victim depicted in the photographs or videos, his or her immediate family, or legal representative;
      (b) Any involved insurance company or its representative; or
      (c) The legal representative of any involved party;
   2. Any state agency or political subdivision investigating official misconduct; or
   3. A legal representative for a person under investigation for, charged with, pled guilty to, or found guilty of a crime related to the underlying incident. The person under investigation for, charged with, pled guilty to, or found guilty of a crime related to the underlying incident or their immediate family shall not be permitted to have access to the photographs or videos; and

   (r) Communications of a purely personal nature unrelated to any governmental function.

   1. No exemption in this section shall be construed to prohibit disclosure of statistical information not descriptive of any readily identifiable person.
   2. No exemption in this section shall be construed to deny, abridge, or impede the right of a public agency employee, including university employees, an applicant for employment, or an eligible person on a register to inspect and to copy any record including preliminary and other supporting documentation that relates to him. The records shall include, but not be limited to, work plans, job performance, demotions, evaluations, promotions, compensation, classification, reallocation, transfers, lay-offs, disciplinary actions, examination scores, and preliminary and other supporting documentation. A public agency employee, including university employees, applicant, or eligible person shall not have the right to inspect or to copy any examination or any documents relating to ongoing criminal or administrative investigations by an agency.
   3. 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.
   4. The provisions of this section shall in no way prohibit or limit the exchange of public records or the sharing of information between public agencies when the exchange is serving a legitimate governmental need or is necessary in the performance of a legitimate government function.
   5. When material is made available pursuant to a request under subsection (1)(q) of this section, the public agency shall not be required to make a copy of the recording except as provided in KRS 61.169, and the requesting parties shall not be limited in the number of times they may view the material.

KRS 61.880 Denial of inspection; role of Attorney General

1. If a person enforces KRS 61.870 to 61.884 pursuant to this section, he or she shall begin enforcement under this subsection before proceeding to enforcement under subsection (2) of this section. Each public agency, upon any request for records made under KRS 61.870 to 61.884, shall determine within five (5) days, excepting Saturdays, Sundays, and legal holidays, after the receipt of any such request whether to comply with the request and shall notify in writing the person making the request, within the five (5) day period, of its decision. An agency response denying, in whole or in part, inspection of any record shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld. The response shall be issued by the official custodian or under his or her authority, and it shall constitute final agency action.
2. (a) If a complaining party wishes the Attorney General to review a public agency’s denial of a request to inspect a public record, the complaining party shall forward to the Attorney General a copy of the written request and a copy of the written response denying inspection. If the public agency refuses to provide a written response, a complaining party shall provide a copy of the written request. The Attorney General shall review the request and denial and issue within twenty (20) days, excepting Saturdays, Sundays and legal holidays, a written decision stating whether the agency violated provisions of KRS 61.870 to 61.884.
   (b) In unusual circumstances, the Attorney General may extend the twenty (20) day time limit by sending written notice to the complaining party and a copy to the denying agency, setting forth the reasons for the extension, and the day on which a decision is expected to be issued, which shall not exceed an additional thirty (30) work days, excepting Saturdays, Sundays, and legal holidays. As used in this section, “unusual circumstances” means, but only to the extent reasonably necessary to the proper resolution of an appeal:
   1. The need to obtain additional documentation from the agency or a copy of the records involved;
   2. The need to conduct extensive research on issues of first impression; or
   3. An unmanageable increase in the number of appeals received by the Attorney General.

   (c) On the day that the Attorney General renders his or her decision, he or she shall mail a copy to the agency and a copy to the person who requested the record in question. The burden of proof in sustaining the action shall rest with the agency, and the Attorney General may request additional documentation from the agency for substantiation. The Attorney General may also request a copy of the records involved, but they shall not be disclosed.
   

3. Each agency shall notify the Attorney General of any actions filed against that agency in Circuit Court regarding the enforcement of KRS 61.870 to 61.884. The Attorney General shall not, however, be named as a party in any Circuit Court actions regarding the enforcement of KRS 61.870 to 61.884, nor shall he or she have any duty to defend his or her decision in Circuit Court or any subsequent proceedings.
4. If a person feels the intent of KRS 61.870 to 61.884 is being subverted by an agency short of denial of inspection, including but not limited to the imposition of excessive fees, delay past the five (5) day period described in subsection (1) of this section, excessive extensions of time, or the misdirection of the applicant, the person may complain in writing to the Attorney General, and the complaint shall be subject to the same adjudicatory process as if the record had been denied.
5. (a) A party shall have thirty (30) days from the day that the Attorney General renders his or her decision to appeal the decision. An appeal within the thirty (30) day time limit shall be treated as if it were an action brought under KRS 61.882.
   (b) If 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 and shall be enforceable in the Circuit Court of the county where the public agency has its principal place of business or the Circuit Court of the county where the public record is maintained.

KRS 61.882 Jurisdiction of Circuit Court in action seeking right of inspection; burden of proof; costs; attorney fees

1. The Circuit Court of the county where the public agency has its principal place of business or the Circuit Court of the county where the public record is maintained shall have jurisdiction to enforce the provisions of KRS 61.870 to 61.884, by injunction or other appropriate order on application of any person.
2. A person alleging a violation of the provisions of KRS 61.870 to 61.884 shall not have to exhaust his remedies under KRS 61.880 before filing suit in a Circuit Court.
3. In an appeal of an Attorney General’s decision, where the appeal is properly filed pursuant to KRS 61.880(5)(a), the court shall determine the matter de novo. In an original action or an appeal of an Attorney General’s decision, where the appeal is properly filed pursuant to KRS 61.880(5)(a), the burden of proof shall be on the public agency. The court on its own motion, or on motion of either of the parties, may view the records in controversy in camera before reaching a decision. Any noncompliance with the order of the court may be punished as contempt of court.
4. Except as otherwise provided by law or rule of court, proceedings arising under this section take precedence on the docket over all other causes and shall be assigned for hearing and trial at the earliest practicable date.
5. Any person who prevails against any agency in any action in the courts regarding a violation of KRS 61.870 to 61.884 may, upon a finding that the records were willfully withheld in violation of KRS 61.870 to 61.884, be awarded costs, including reasonable attorney’s fees, incurred in connection with the legal action. If such person prevails in part, the court may in its discretion award him costs or an appropriate portion thereof. In addition, it shall be within the discretion of the court to award the person an amount not to exceed twenty-five dollars ($25) for each day that he was denied the right to inspect or copy said public record. Attorney’s fees, costs, and awards under this subsection shall be paid by the agency that the court determines is responsible for the violation.

KRS 61.884 Person’s access to record relating to him

Any person shall have access to any public record relating to him or in which he is mentioned by name, upon presentation of appropriate identification, subject to the provisions of KRS 61.878.

REPORTER’S POCKET GUIDE

Kentucky Open Records, Open Meetings, and Shield Law

OPEN RECORDS LAW (KRS 61.870-61.884)

What records are public? 

The records of virtually every public officer, public agency, and business that derives at least 25 percent of the funds it expends in Kentucky from public sources. 

How do you get access to records? 

Each public agency is required to adopt its own open records rules that facilitate access to public records. They must publicly post the mailing address, phone number, and e-mail address of the person in charge of fulfilling open records requests received by the agency. Requests are required to be in writing, and agencies must accept requests via e-mail, mail, or fax. Some agencies have adopted a standardized form for submitting open records requests, if so, it must post that information publicly. The written request must describe the records you want to inspect and be signed by you. An agency must respond to your request within five days. It is important to request specific records you seek, and not merely information. An agency has no duty to create a record that does not exist, so phrase your request to obtain specific documents. You can review records during the agency’s regular office hours. However, if you request it, the agency must mail or e-mail the records to you, although you may have to pay a fee for copying and postage. The fee for copying cannot exceed the actual cost of copying ($0.10/page has been found reasonable by the Attorney General), and may not include staff time required to make copies. If records are transmitted electronically, the agency should only charge you for the cost of the electronic medium used to transmit it, and not a per-page fee. If the agency you send your request to does not have custody of the records, it must notify you where the records are located.

What records are excluded? 

Some records of public agencies are exempt from disclosure. These include: records that would constitute a clearly unwarranted invasion of someone’s privacy; confidential records related to scientific research; confidential business records that would give a competitor an unfair commercial advantage; confidential records disclosed to an agency as part of an application for a loan, grant, or tax incentives; some records related to the prospective location of a business; records that are developed by an agency in conjunction with the regulation or supervision of financial institutions; the contents of real estate appraisals and evaluations by a public agency related to acquisition of property; test questions, scoring keys, and other examination data; records related to law enforcement investigations if the agency can show with specificity that release of those records would harm its investigation; preliminary records or memoranda that express opinions or propose policies; records that would threaten public safety; records related to the procurement process until a contract is awarded or a bid cancelled; case files of the Department of Public Advocacy; photographs or videos that depict the death, killing, rape, or sexual assault of a person; communications that are purely personal and unrelated to any government function; and exemptions created by other statutes. If you are denied access to records, the agency is required by law to cite the specific statutory exemption that they are relying on and explain how it applies. Even if some information is exempted from disclosure, the agency must redact the record and release the remaining information. An agency may also deny you access to records if they believe that you have submitted repeat requests intended to disrupt the essential functions of the agency. 

Contact the KPA Hotline at 502-416-1630 with any questions. 

What can I do if there’s been a violation? 

You may appeal to the Attorney General by sending a copy of your request, the denial statement, and a letter explaining why you think the Act was violated to that office. The Attorney General has 20 days to issue an opinion, and you have 30 days to appeal that opinion to Circuit Court in the county where the agency or record you seek is located. You can skip the Attorney General process and file a suit directly in Circuit Court.

 OPEN MEETINGS LAW (KRS 61.805-61.850)

What agencies must have open meetings? 

Almost every state and local governing body, including committees created by public agencies. This includes any body created by a state or local statute or executive order and any entity with the majority of its governing body appointed by a public agency. The default is that meetings of government agencies must be open. Meetings may be conducted by video teleconferences if certain advance notice requirements are met. To do so, an agency must provide notice that the meeting will be held via video and provide specific information on how any member of the public or media organization may view the meeting electronically. 

What must the agency do to have a closed session? 

During an open session, the agency must disclose the general nature of the business to be discussed in secret and the law permitting this secrecy. A motion and a public vote to go into closed session is required. With limited exception, no final action can be taken in private and the agency cannot discuss any matters that were not publicly announced prior to convening the closed session except for those topics specifically allowed for by the Open Meetings Act. 

Regular and Special Meetings

An agency must make a schedule of regular meetings available to the public. Notice of a special meeting must be made in writing and include the time, place, and agenda for the meeting. Only items on the agenda may be acted upon at a special meeting. The agency must give 24-hour advanced notice of the special meeting to every agency member and to every member of the press that has requested such notification. The agency must also post a written notice of the meeting in a conspicuous place in the building where the special meeting will take place and in the building which houses the headquarters of the agency at least 24 hours before the special meeting. 

What can I do if there’s been a violation? 

Notify the presiding officer in writing that you believe there’s been a violation, the nature of that violation, and what you think she can do to remedy the violation. The agency has 3 business days to respond. If it denies a violation occurred, the agency must cite the specific statute supporting its denial. If this doesn’t satisfy you, you should mail your written complaint and the agency’s written denial to Attorney General within 60 days of receiving the denial. The Attorney General has 10 days to issue an opinion, and either you or the agency may appeal the decision to your local Circuit Court within 30 days. You may also skip the Attorney General process and file suit directly in the Circuit Court where the agency is headquartered or where the alleged violation of the Act occurred within 60 days of when you received the agency’s response (or 60 days of when you filed the complaint if you didn’t receive a response). 

SHIELD LAW (KRS 421.100) 

Newspaper, radio or television broadcasting station personnel need not disclose source of information.

No person shall be compelled to disclose in any legal proceeding or trial before any court, or before any grand or petit jury, or before the presiding officer of any tribunal, or his agent or agents, or before the General Assembly, or any committee thereof, or before any city or county legislative body, or any committee thereof, or elsewhere, the source of any information procured or obtained by him, and published in a newspaper or by a radio or television broadcasting station by which he is engaged or employed, or with which he is connected.

You cannot be compelled to disclose the source of published information. If you have a question, call the KPA Hotline at 502-416-1630.