Kentucky Sample Letter for Response to Request for Documents
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FAQ
???The Open Records Act In 1976, the General Assembly enacted the Open Records Act, KRS 61.870 to KRS 61.884, which establishes a right of access to public records. The General Assembly recognized that free and open examination of public records is in the public interest.
The formation of public policy is public business, and free and open examination of public records is in the public interest. These statements lead to the Open Meetings Act and Open Records Act, collectively known as our state's Sunshine Laws.
One of the more upbeat terms for public records regulations is the Sunshine Law, which is used in Florida, Missouri, South Dakota, and Wyoming. Response times vary among these four states ? Missouri agencies must respond within 3 days and Wyoming allows up to 30 days for a response.
The 1976 Kentucky General Assembly then passed the Open Record Law, which requires that public agencies open most of their records to the public. Through various bills, the Kentucky General Assembly has amended the Open Meetings and Open Records Laws.
Anyone can request public records and while the law does not require an explicit statement of purpose, departments are allowed to reject records claims if it places ?an unreasonable burden? on the department or if the department feels it is designed to disrupt the flow of the workings of government.
Under KRS 61.878(1), the following records may be exempt: (a) records containing information of a personal nature if disclosure would constitute a clearly unwarranted invasion of personal privacy. (b) records confidentially disclosed to an agency and compiled and maintained for scientific research.
The Freedom of Information Act is a classic example of a sunshine law. While most of these laws deal with economics or finance, they do extend to other areas as well.
