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  1. .gitattributes +1 -7
  2. .gitignore +1 -0
  3. README.md +14 -3
  4. app.py +268 -3
  5. custom_style.css +11 -3
  6. examples.py +129 -3
  7. exceptions.csv +71 -3
  8. gov.ky.krs.title.08.statutes.csv +0 -0
  9. requirements.txt +10 -3
.gitattributes CHANGED
@@ -1,8 +1,2 @@
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- *.md filter=lfs diff=lfs merge=lfs -text
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- *.py filter=lfs diff=lfs merge=lfs -text
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- *.css filter=lfs diff=lfs merge=lfs -text
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- *.bin filter=lfs diff=lfs merge=lfs -text
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  *.sqlite3 filter=lfs diff=lfs merge=lfs -text
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- *.pickle filter=lfs diff=lfs merge=lfs -text
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- *.csv filter=lfs diff=lfs merge=lfs -text
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- *.txt filter=lfs diff=lfs merge=lfs -text
 
 
 
 
 
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  *.sqlite3 filter=lfs diff=lfs merge=lfs -text
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+ db/*/*/* filter=lfs diff=lfs merge=lfs -text
 
 
.gitignore ADDED
@@ -0,0 +1 @@
 
 
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+ __pycache__
README.md CHANGED
@@ -1,3 +1,14 @@
1
- version https://git-lfs.github.com/spec/v1
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+ ---
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+ title: KY Open Records Assistant
3
+ emoji: 🔍🤖📝
4
+ colorFrom: blue
5
+ colorTo: yellow
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+ sdk: gradio
7
+ sdk_version: 4.19.0
8
+ app_file: app.py
9
+ pinned: true
10
+ license: apache2
11
+ short_description: Open Records QA Assistant for the State of Kentucky
12
+ ---
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+
14
+ Check out the configuration reference at https://huggingface.co/docs/hub/spaces-config-reference
app.py CHANGED
@@ -1,3 +1,268 @@
1
- version https://git-lfs.github.com/spec/v1
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- oid sha256:3335fa8ad4f1bc37ff0d3f8afe60244cf9b12bdeba3dd3d91fe6151726edad1b
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1
+ from langchain import hub
2
+ from langchain.agents import AgentExecutor, create_openai_tools_agent
3
+ from langchain_community.tools.tavily_search import TavilySearchResults
4
+ from langchain_openai import ChatOpenAI
5
+ from langchain.pydantic_v1 import BaseModel, Field
6
+ from langchain.tools import BaseTool, StructuredTool, tool
7
+ from langchain_community.vectorstores import Chroma
8
+ from langchain_community.embeddings.sentence_transformer import (
9
+ SentenceTransformerEmbeddings,
10
+ )
11
+ from langchain.llms.openai import OpenAI
12
+ from langchain_openai import ChatOpenAI
13
+ import pandas as pd
14
+ from typing import TYPE_CHECKING, Any, Dict, Optional, Sequence
15
+ from langchain_core.callbacks.base import BaseCallbackHandler
16
+ from langchain_core.utils import print_text
17
+ import json
18
+ from langchain_core.documents import Document
19
+ import re
20
+ import gradio as gr
21
+ from examples import map_example
22
+
23
+ if TYPE_CHECKING:
24
+ from langchain_core.agents import AgentAction, AgentFinish
25
+
26
+ embedding_function = SentenceTransformerEmbeddings(model_name="all-MiniLM-L6-v2")
27
+ annotations = Chroma(persist_directory="db/kora-annotations", embedding_function=embedding_function)
28
+ opinions = Chroma(persist_directory="db/kora-opinions", embedding_function=embedding_function)
29
+
30
+ # The Statute Numbers look like floats to the default importer, so we'll define the shape of the data.
31
+ statutes_dict = {
32
+ 'Chapter Number': 'object',
33
+ 'Statute Number': 'object',
34
+ 'Chapter Title': 'object',
35
+ 'Section': 'object',
36
+ 'Statute Title': 'object',
37
+ 'Statute Body': 'object',
38
+ 'History': 'object',
39
+ }
40
+
41
+ # Read the CSV file of all statutes in KRS Title VIII
42
+ df_statutes = pd.read_csv('gov.ky.krs.title.08.statutes.csv', dtype=statutes_dict)
43
+
44
+ # Filter to only the statutes in the KORA.
45
+ df_kora = df_statutes[(df_statutes["Section"] == "Open Records")]
46
+
47
+ # Load custom csv of exceptions
48
+ df_exceptions = pd.read_csv('exceptions.csv')
49
+
50
+ def get_metadata_and_content(documents):
51
+ """
52
+ Gets the metadata and page content of a list of documents.
53
+
54
+ Args:
55
+ documents: A list of Document objects.
56
+
57
+ Returns:
58
+ A string with the page_content and metadata Key: value pairs concatenated
59
+ by a newline, and each item in the list concatenated by a double newline.
60
+ """
61
+
62
+ output = ""
63
+ for document in documents:
64
+ output += document.page_content + "\n"
65
+ for key, value in document.metadata.items():
66
+ output += "{}: {}\n".format(key, value)
67
+ output += "\n\n"
68
+
69
+ return output
70
+
71
+ @tool
72
+ def find_case_law_annotations(query: str) -> str:
73
+ """
74
+ Always search for annotations on relevant appelate court cases, which are binding for interpreting the law in Kentucky.
75
+ """
76
+ citations = annotations.as_retriever().invoke(query)
77
+ return get_metadata_and_content(citations)
78
+
79
+ opinion_retriever = opinions.as_retriever();
80
+
81
+ @tool
82
+ def find_attorney_general_annotations(query: str) -> str:
83
+ """
84
+ Perform a semantic search for relevant attorney general opinions. Only use this tool if you still need more context after looking for annotations
85
+ """
86
+ citations = opinion_retriever.invoke(query)
87
+ return get_metadata_and_content(citations)
88
+
89
+ @tool
90
+ def lookup_statute_text(query: str) -> str:
91
+ """Get the official text for a specific statute in the Kentucky Open Records Act by statute number"""
92
+ result = df_statutes[(df_statutes['Statute Number'] == query)]
93
+ if result.empty:
94
+ return ''
95
+ else:
96
+ result = result.iloc[0].to_dict()
97
+ return """KRS {}: {}
98
+ {}
99
+
100
+ In Chapter {}: {}
101
+ Section: {}
102
+ """.format(result['Statute Number'], result['Statute Title'], result['Statute Body'], result['Chapter Number'], result['Chapter Title'], result['Section'])
103
+
104
+ @tool
105
+ def lookup_exception_text(query: str) -> str:
106
+ """Get the text for a specific exception to the open records law by granular number, e.g. "61.878(1)(b)", or by a label from Exception Notes, e.g. "HIPAA". After looking up an exception, be sure to look up case law and AG opinions for context in interpretation"""
107
+ result = df_exceptions[(df_exceptions['Law'] == query)]
108
+ if result.empty:
109
+ # Sometimes it uses this tool for all of 61.878, (especially gpt3.5) so we'll give it a hand.
110
+ if (query == '61.878'):
111
+ return lookup_statute_text(query)
112
+ return ''
113
+ else:
114
+ exception = 'Exception ' + query + ': ' + result.iloc[0].to_dict()['Body']
115
+ if query.startswith('61.878'):
116
+ exception += """
117
+
118
+ There are some caveats to any exemption from 61.878:
119
+ 61.878(2) No exemption in this section shall be construed to prohibit disclosure of statistical information not descriptive of any readily identifiable person.
120
+ 61.878(3) 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 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 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.
121
+ 61.878(4) If any public record contains material which is not excepted under this section, the public agency shall separate the excepted and make the nonexcepted material available for examination.
122
+ 61.878(5) 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.
123
+ 61.878(6) 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.
124
+ """
125
+ return exception
126
+
127
+ # Testing has returned much better performance when this context is preloaded for all queries, although more expensive.
128
+ kora_overview = """Here are some key points about the Kentucky Open Records Act:
129
+
130
+ 1. “RESIDENTS” have an enforceable right to use the open records law; nonresidents may request records but don’t have an enforceable right (agency denial may be affirmed by the AG or courts). The law recognizes these categories as “residents”:
131
+ A person who lives in KY - KRS 61.870(10)(a)
132
+ A business located in KY - KRS 61.870(10)(b)
133
+ A business registered in KY - KRS 61.870(10)(c)
134
+ A person who is employed/works in KY - KRS 61.870(10)(d)
135
+ A person who owns property in KY - KRS 61.870(10)(e)
136
+ An authorized representative of any of the above - KRS 61.870(10)(f)
137
+ A news gathering organization as defined in KRS 189.635(8)(b)1 - KRS 61.870(10)(g).
138
+
139
+ 2. There are two ways to prepare a request:
140
+ a) A self-prepared written request that must contain a description of the records you seek; your name printed/typed legibly; your signature, which can be electronic (/s/ First Last); and your mailing address or email address if you ask for copies by mail or email.
141
+ It should also include the date submitted; whether you wish to review records on agency premises OR receive copies by mail; a statement that your request is noncommercial (or commercial); and a statement that you are a resident and the section of KRS 61.870(10), above, under which you qualify. You can help people prepare these kinds of requests if they are asking for records that you determine are covered by the KORA.
142
+
143
+ b) A standardized open records request form available on the Attorney General's website; posted in a “prominent” place in the public agency’s office and on the agency website - KRS 61.876
144
+
145
+ 3. Requests can be hand-delivered or sent by US Mail, Fax, or email. Emailed requests should be sent to the agency’s records custodian at the email address on the agency’s rules and regulations.
146
+
147
+ 4. The deadline for an agency‘s written response to an open records request is five business days.
148
+
149
+ 5. Requestors can appeal to the Attorney General's Office for a review of most issues related to Open Records and Open Meetings, including denials or perceived subversion of the open records law. There is no cost for this review, but agencies who receive unfavorable audits have the option to file suit against requestors in Circuit Court for a de novo review of the Attorney General's decision. Requestors can also appeal directly to the Circuit Court in the county where the public agency is registered, in place of the free Attorney General appeal.
150
+
151
+ 6. Requests for public records of the Kentucky General Assembly and Legislative Research Commission (LRC) must be submitted to the LRC Director. Only those records identified in KRS 7.119(2) are public records. The only available appeal of denial of these records requests is to the Legislative Research Commission under KRS 7.119(3) and (4). NO appeal provided by statute to the Attorney General or the courts.
152
+ """
153
+
154
+ exceptions = "There are a set of exceptions set out in KRS61.878 and others incorporated from federal and state law or established through case law. You can lookup details for any of these with the lookup_exception_text tool:\n"
155
+ for index, row in df_exceptions.iterrows():
156
+ exceptions += "query: \"{}\" {}\n".format(row['Law'], row['Brief Summary'])
157
+
158
+ statutes = "These are the statute numbers and names in the Kentucky Open Records Act:\n"
159
+ for index, row in df_kora.iterrows():
160
+ statutes += row['Statute Number'] + " - " + row['Statute Title'] + "\n"
161
+
162
+
163
+ tools = [find_case_law_annotations, find_attorney_general_annotations, lookup_exception_text, lookup_statute_text]
164
+
165
+ # Get the prompt to use - you can modify this!
166
+ prompt = hub.pull("jscotthorn/openai-ky-open-records-agent")
167
+
168
+ def get_agent_executor(api_key, model):
169
+ # Get our llm
170
+ llm = ChatOpenAI(temperature=0, model_name=model, openai_api_key=api_key)
171
+
172
+ # Construct the OpenAI Tools agent
173
+ agent = create_openai_tools_agent(llm, tools, prompt)
174
+
175
+ # Create an agent executor by passing in the agent and tools
176
+ from langchain.callbacks import StdOutCallbackHandler
177
+ agent_executor = AgentExecutor(
178
+ agent=agent,
179
+ tools=tools,
180
+ return_intermediate_steps=True,
181
+ #verbose=True,
182
+ )
183
+ return agent_executor
184
+
185
+ # Pretty labels shown to the end user
186
+ tool_labels = {
187
+ "find_case_law_annotations": "Searched case law annotations",
188
+ "find_attorney_general_annotations": "Searched AG decisions",
189
+ "lookup_exception_text": "Looked up exception",
190
+ "lookup_statute_text": "Looked up statute",
191
+ }
192
+
193
+ def format_tools_used(input_array):
194
+ """
195
+ Extracts the tool, query, and final string values from an array of OpenAIToolAgentAction objects.
196
+ """
197
+ tool_markup = '';
198
+ for item in input_array:
199
+ tool_markup += "#### {}: {}\n".format(
200
+ tool_labels[item[0].tool],
201
+ item[0].tool_input['query'],
202
+ ) + item[1] + '\n\n'
203
+ return tool_markup
204
+
205
+ # Button click event
206
+ def ask_question(api_key, model, question):
207
+ agent_executor = get_agent_executor(api_key, model)
208
+ results = agent_executor.invoke({
209
+ "input": question,
210
+ "exception_list": [exceptions],
211
+ "kora_overview": [kora_overview],
212
+ "kora_statutes": [statutes],
213
+ })
214
+ return [
215
+ results["output"],
216
+ format_tools_used(results['intermediate_steps']),
217
+ ]
218
+
219
+
220
+ css_path = 'custom_style.css'
221
+ with gr.Blocks(title="Kentucky Open Records Assistant", css=css_path) as demo:
222
+ with gr.Row():
223
+ with gr.Column(variant="box", scale=2):
224
+ with gr.Group():
225
+ gr.Markdown("##   KY Open Records Assistant")
226
+ api_key = gr.Textbox(label="OpenAI API Key", lines=1)
227
+ question = gr.Textbox(label="Question", lines=2)
228
+ model_name = gr.Dropdown(
229
+ ["gpt-4-0125-preview", "gpt-4-1106-preview", "gpt-3.5-turbo-0125", "gpt-3.5-turbo-1106"],
230
+ label="LLM Model",
231
+ value="gpt-4-0125-preview"
232
+ )
233
+ gr.Markdown('Questions with GPT-4 have been observed costing up to 20 cents, average 3-5')
234
+ run = gr.Button()
235
+ with gr.Column(variant="box", scale=4):
236
+ with gr.Group(elem_classes="scrolling-group padded"):
237
+ gr.Markdown("### Response")
238
+ response = gr.Markdown()
239
+ with gr.Column(variant="box", scale=3):
240
+ with gr.Group(elem_classes="scrolling-group padded"):
241
+ gr.Markdown("### Agent Tool Use")
242
+ toolsUsed = gr.Markdown()
243
+ with gr.Row():
244
+ with gr.Column(variant="box", scale=2):
245
+ gr.Examples(
246
+ [
247
+ 'Are police body cam and dash cam footage open records?',
248
+ 'Are environmental impact reports and studies open records?',
249
+ 'Are social services case files such as foster care and adoption open records?',
250
+ 'Are information on state-run programs and their effectiveness open records?',
251
+ 'Are settlements in civil rights cases open records?',
252
+ ],
253
+ question,
254
+ [response, toolsUsed],
255
+ map_example,
256
+ cache_examples=True,
257
+ )
258
+ with gr.Column(variant="box", scale=4):
259
+ gr.Markdown("### DISCLAIMER \n This tool can provide innaccurate information including hallucinations, incorrect citations, and problematic output, especially if prompted to do so. This tool cannot be used for legal advice.")
260
+ gr.Markdown("### Tech Used \n Chroma, Langchain OpenAI Tools Agent, Custom Tools.")
261
+ with gr.Column(variant="box", scale=3):
262
+ gr.Markdown("### Tools Available to AI Agent: \n - Lookup statute \n - Lookup exception (curated list) \n - Search Case Annotation (from KRS) \n - Search Attorney General Opinions (from KRS).")
263
+ gr.Markdown("### Data Sources: \n - [Kentucky Revised Statutes](https://archive.org/details/gov.ky.code) - raw files were [parsed](https://github.com/jscotthorn/extract-state-codes-data) into structured data. Statutes are looked up by number, annotations are [indexed in chroma dbs for semantic search](https://www.kaggle.com/code/jscotthorn/rag-question-answer-pipeline-for-open-records/notebook?scriptVersionId=165199302). \n - Exception list derived from [RCFP.org](https://www.rcfp.org/open-government-guide/kentucky/#c-court-derived-exclusions-common-law-prohibitions-recognized-privileges-against-disclosure)")
264
+
265
+ run.click(ask_question, inputs=[api_key, model_name, question], outputs=[response, toolsUsed])
266
+
267
+ if __name__ == "__main__":
268
+ demo.launch()
custom_style.css CHANGED
@@ -1,3 +1,11 @@
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- size 189
 
 
 
 
 
 
 
 
 
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+ .scrolling-group {
2
+ height: 460px;
3
+ max-height: 80vh;
4
+ }
5
+ .padded {
6
+ padding-left: 0.5em;
7
+ padding-right: 0.5em;
8
+ }
9
+ .scrolling-group > .styler {
10
+ overflow-y: auto !important;
11
+ }
examples.py CHANGED
@@ -1,3 +1,129 @@
1
- version https://git-lfs.github.com/spec/v1
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- oid sha256:153f9477e264ae4a3ab417d8e0ed0d4efe3b0a59cb4f4112f43d363f122a2932
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- size 68312
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1
+ # These are outputs generated during testing and shown as examples in the UI.
2
+ def map_example(question):
3
+ if (question == 'Are police body cam and dash cam footage open records?'):
4
+ return ["""Police body cam and dash cam footage can be considered open records under the Kentucky Open Records Act (KORA), but there are specific conditions and exceptions that apply. According to KRS 61.878(1)(h), records of law enforcement agencies that were compiled in the process of detecting and investigating statutory or regulatory violations can be exempt from disclosure if the release of the information would harm the agency by revealing the identity of informants not otherwise known or by the premature release of information to be used in a prospective law enforcement action or administrative adjudication. However, these records shall be open after enforcement action is completed or a decision is made to take no action, with certain exceptions for records maintained by county attorneys or Commonwealth’s attorneys pertaining to criminal investigations or litigation.
5
+
6
+ Case law further clarifies the application of this exemption. For instance, in Courier-Journal, Inc. v. Shively Police Dep't, it was determined that dashcam and bodycam footage could not be withheld in full because they contained footage of a fatal accident, and the privacy exemption was not so broad as to prohibit all disclosure of the footage. This indicates that while there are exemptions to the disclosure of such footage, they are not absolute and must be justified on a case-by-case basis.
7
+
8
+ Additionally, the Attorney General's opinions have addressed related issues, such as the non-violation of KORA by a police department denying a request for a "dash cam videotape" of a particular pursuit where the videotape no longer existed (OAG 00-ORD-122).""", """### Looked up exception: 61.878(1)(h)
9
+ Exception 61.878(1)(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;
10
+
11
+ There are some caveats to any exemption from 61.878: 61.878(2) No exemption in this section shall be construed to prohibit disclosure of statistical information not descriptive of any readily identifiable person. 61.878(3) 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 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 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. 61.878(4) If any public record contains material which is not excepted under this section, the public agency shall separate the excepted and make the nonexcepted material available for examination. 61.878(5) 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. 61.878(6) 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.
12
+
13
+ ### Searched case law annotations: police body cam and dash cam footage
14
+ In this action involving the failure of the Shively Police Department (SPD) to make disclosures pursuant to the Open Records Act (the ORA) on the basis that it would cause harm to an ongoing criminal investigation, dashcam and bodycam footage of the pursuit and accident could not be withheld in full because they contained footage of the fatal accident and the privacy exemption was not nearly so broad under the circumstances as to prohibit all disclosure of the footage made of the chase and collisions. Courier-Journal, Inc. v. Shively Police Dep't, 2022 Ky. App. LEXIS 99 (Ky. Ct. App. Nov. 10, 2022). Category: Illustrative Cases Statute Number: 61.878 Type: Annotation
15
+
16
+ Newspaper’s unsupported speculation that the victims, witnesses, and uncharged suspects referred to in the police department’s arrest and incident reports may have shed light on police misconduct did not outweigh those citizens’ substantial privacy interests. Ky. New Era v. City of Hopkinsville, 415 S.W.3d 76, 2013 Ky. LEXIS 644 (Ky. 2013). Category: Invasion of Privacy Statute Number: 61.878 Type: Annotation
17
+
18
+ In this action involving the failure of the Shively Police Department (SPD) to make disclosures pursuant to the Open Records Act (the ORA) on the basis that it would cause harm to an ongoing criminal investigation, SPD must justify that withholding the records was still necessary based on the specific concerns it raised earlier. Courier-Journal, Inc. v. Shively Police Dep't, 2022 Ky. App. LEXIS 99 (Ky. Ct. App. Nov. 10, 2022). Category: Judicial Review Statute Number: 61.882 Type: Annotation
19
+
20
+ Notwithstanding that this section allows any person to have access to any public record relating to him or in which he is mentioned by name, a citizen was not entitled to a copy of a tape recording of a 911 call reporting that the citizen had threatened to kill his own wife and other members of his family, as the disclosure of such recording would have constituted a clearly unwarranted invasion of personal privacy of the 911 caller in violation of KRS 61.878. Bowling v. Brandenburg, 37 S.W.3d 785, 2000 Ky. App. LEXIS 22 (Ky. Ct. App. 2000). Category: Construction Statute Number: 61.884 Type: Annotation
21
+
22
+ ### Searched AG decisions: police body cam and dash cam footage
23
+ A police department did not violate the Open Records Act by denying a request for a “dash cam videotape” of a particular pursuit where the videotape no longer existed. OAG 00-ORD-122. Statute Number: 61.870 Type: Attorney General Opinion
24
+
25
+ Local law enforcement agencies are required to make available for public inspection the arrest records of all persons, and police departments are required to maintain daily logs of arrests made by police officers and to make them available for public inspection; no provision in the Domestic Violence and Abuse Act makes arrest records and incident reports confidential. OAG 91-12. Statute Number: 61.870 Type: Attorney General Opinion
26
+
27
+ Where a person who believes himself to be under surveillance makes a request under the Open Records Law as to whether he is under surveillance, whether his phone was tapped, and whether there was a court order on record, the police department could properly exclude any records of police surveillance from the requirement of mandatory disclosure under subsection (1)(f) of this section, which prevents disclosure of information which will be used in a prospective law enforcement action; under subsection (1)(g) of this section, which excludes preliminary drafts, notes and correspondence with private individuals; under subsection (1)(h), which excludes preliminary memoranda which express opinions or policies; and under subsection (1)(j), which excludes public information which the general assembly has made confidential, with subsection (1)(j) applying because subsection (2) of KRS 17.150 excludes certain information contained in intelligence and investigative reports maintained by criminal justice agencies; further, there is no need for the police to respond to make any indication of whether any such records in fact exist. OAG 81-161. Statute Number: 61.878 Type: Attorney General Opinion
28
+
29
+ If no photograph of arrestee is taken at the time of booking because the police already have a sufficiently up-to-date photograph of the arrestee, that photograph should be made available for public inspection and copying. OAG 83-212. Statute Number: 61.878 Type: Attorney General Opinion
30
+
31
+ ### Looked up statute: 61.872
32
+ KRS 61.872: Right of Kentucky residents to inspect public records — Written application — Limitation. (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 KRS 61.876(4). (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.
33
+
34
+ In Chapter 61: General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System Section: Open Records"""]
35
+ elif (question == 'Are environmental impact reports and studies open records?'):
36
+ return ["""Based on the information provided and the tools used to gather additional context, environmental impact reports and studies are generally considered open records under the Kentucky Open Records Act (KORA). According to KRS 61.872, all public records are open for inspection by any resident of the Commonwealth, except as otherwise provided by KRS 61.870 to 61.884. This broad right of access includes environmental impact reports and studies, as they are records held by government bodies.
37
+
38
+ However, there are exceptions to this general rule. For instance, an Attorney General Opinion (OAG 83-163) clarified that while statistical and scientific data contained in technical reports done for the Natural Resources and Environmental Protection Cabinet are final records of a public agency and should be made available for public inspection, there could be circumstances under which certain parts of these reports might be exempt from disclosure under specific exceptions in KRS 61.878. For example, preliminary drafts, notes, or recommendations (KRS 61.878(1)(i) and (j)) might not be subject to disclosure if they meet the criteria for exemption.
39
+
40
+ It's important to note that while environmental impact reports and studies are generally accessible, specific exemptions might apply depending on the content of the records and the context in which they are requested. For instance, if a report contains trade secrets disclosed to the government (KRS 61.878(1)(c)), or if it includes preliminary recommendations and opinions (KRS 61.878(1)(j)), those portions of the report might be exempt from disclosure.
41
+
42
+ In summary, while the Kentucky Open Records Act supports the transparency and accessibility of environmental impact reports and studies, requestors should be aware of the potential for certain exemptions to apply.""", """### Looked up statute: 61.872
43
+ KRS 61.872: Right of Kentucky residents to inspect public records — Written application — Limitation. (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 KRS 61.876(4). (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.
44
+
45
+ In Chapter 61: General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System Section: Open Records
46
+
47
+ ### Searched case law annotations: environmental impact reports
48
+ The confidential audited financial reports of privately owned, corporate marina operators were exempt from disclosure under KRS 61.878(1)(c)1. The Legislative Program Review and Investigation Committee could not obtain nor disclose such records under the Open Records Act, but could obtain access to them for its use in evaluation pursuant to KRS 6.910 without disclosure to the public. Marina Management Servs. v. Cabinet for Tourism, Dep't of Parks, 906 S.W.2d 318, 1995 Ky. LEXIS 62 (Ky. 1995). Category: Financial Information Statute Number: 61.878 Type: Annotation
49
+
50
+ The confidential audited financial reports of privately owned, corporate marina operators were exempt from disclosure under KRS 61.878(1)(c)(1). The Legislative Program Review and Investigation Committee could not obtain nor disclose such records under the Open Records Act, but could obtain access to them for its use in evaluation pursuant to KRS 6.910 without disclosure to the public. Marina Management Servs. v. Cabinet for Tourism, Dep't of Parks, 906 S.W.2d 318, 1995 Ky. LEXIS 62 (Ky. 1995). Category: Private Corporation Statute Number: 61.870 Type: Annotation
51
+
52
+ An agreement which represents the final settlement of a civil lawsuit whereby a governmental entity pays public funds to compensate for an injury it inflicted is a public record and is open to inspection by any person as provided in subsection (1) of KRS 61.872 and the government is without any basis upon which to claim a right of privacy and unless such documents are excluded from disclosure by one (1) or more provisions of the Open Records Act, they must be produced. Lexington-Fayette Urban County Gov't v. Lexington Herald-Leader Co., 941 S.W.2d 469, 1997 Ky. LEXIS 38 (Ky. 1997). Category: Civil Lawsuits Statute Number: 61.871 Type: Annotation
53
+
54
+ Because attorneys’ and chiropractors’ constitutional challenge to KRS 189.635 failed, thus generally keeping state police accident reports confidential from them, their simultaneous constitutional challenge to KRS 61.874 over the amount they were being charged for copies of those reports was moot since they were no longer entitled to receive them at all. Amelkin v. McClure, 330 F.3d 822, 2003 FED App. 0168P, 2003 U.S. App. LEXIS 10832 (6th Cir. Ky.), cert. denied, 540 U.S. 1050, 124 S. Ct. 827, 157 L. Ed. 2d 699, 2003 U.S. LEXIS 8627 (U.S. 2003). Category: Constitutionality Statute Number: 61.874 Type: Annotation
55
+
56
+ ### Searched AG decisions: environmental impact reports
57
+ Where a technical report done for the Natural Resources and Environmental Protection Cabinet consisted mainly of reports of test results and studies made by experts, the statistical and scientific data contained in the report were final records of a public agency and should have been made available for public inspection notwithstanding the fact that the document was an in-house draft of the Cabinet, that it was stamped as a “preliminary draft,” and that it would not be finalized until after the Environmental Protection Agency commented upon the report. OAG 83-163. Statute Number: 61.878 Type: Attorney General Opinion
58
+
59
+ The incident response reports which are filed by metropolitan sewer district investigators after investigating incidents complained about by a member of the public or an employee of the sewer district, and which contain recommendations on whether to institute further enforcement actions, are intraoffice memoranda and are preliminary memoranda in which opinions are expressed or policies formulated or recommended and are exempt from the mandatory requirement of public inspection by subsection (1)(h) of this section. OAG 81-258. Statute Number: 61.878 Type: Attorney General Opinion
60
+
61
+ Where a requester seeks laboratory work sheets dealing with industrial waste in a sewer district, such information was statistical data as the result of scientific measurements and tests rather than preliminary data in the sense used in the exemptions provided in subsections (1)(g) and (h) of this section; thus, the information is not exempt from disclosure, even though the wastewater constituents of a particular private industry would be useful information for the industry’s competitors to have, since the information was gathered by sewer district employees rather than voluntarily supplied by the industry. OAG 81-246. Statute Number: 61.878 Type: Attorney General Opinion
62
+
63
+ Denial of a request to inspect the reports of the Natural Resources and Environmental Protection Cabinet’s field inspector relative to her inspection of a landfill operation, containing the inspector’s observations and opinions, was proper under subdivisions (1)(g) and (1)(h) of this section, as such reports are intraoffice memoranda containing preliminary drafts, notes and personal observations. Such material is only subject to public inspection (in the absence of a court order) if it constitutes notice of a final action of the public agency or is incorporated into the public agency’s final report or final decision on the matter. OAG 85-104. Statute Number: 61.878 Type: Attorney General Opinion"""]
64
+ elif (question == 'Are social services case files such as foster care and adoption open records?'):
65
+ return ["""Social services case files, such as those related to foster care and adoption, are generally considered confidential and are not open records under the Kentucky Open Records Act (KORA). This is primarily due to the need to protect the privacy and confidentiality of the individuals involved, especially the children. The exceptions under KORA that would most likely apply to these types of records include:
66
+
67
+ 1. **Exception 61.878(1)(a)**: This exception covers public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy. Social services case files, including those related to foster care and adoption, contain sensitive personal information about individuals, making them protected under this exception.
68
+ 2. **Exception 61.878(1)(k)**: This exception pertains to all public records or information the disclosure of which is prohibited by federal law or regulation or state law. There are specific federal and state laws that protect the confidentiality of foster care and adoption records, thereby making them exempt from disclosure under KORA.
69
+
70
+ Additionally, federal laws such as the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPAA) may also protect certain information contained within these files, further restricting their availability as open records.
71
+
72
+ In summary, while the Kentucky Open Records Act provides broad access to public records, it also includes exceptions to protect personal privacy and confidentiality, especially in sensitive cases such as foster care and adoption. These records are generally not accessible to the public to ensure the protection of the individuals involved.""", """### Looked up exception: 61.878(1)(a)
73
+ Exception 61.878(1)(a): Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy;
74
+
75
+ There are some caveats to any exemption from 61.878: 61.878(2) No exemption in this section shall be construed to prohibit disclosure of statistical information not descriptive of any readily identifiable person. 61.878(3) 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 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 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. 61.878(4) If any public record contains material which is not excepted under this section, the public agency shall separate the excepted and make the nonexcepted material available for examination. 61.878(5) 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. 61.878(6) 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.
76
+
77
+ ### Looked up exception: 61.878(1)(k)
78
+ Exception 61.878(1)(k): All public records or information the disclosure of which is prohibited by federal law or regulation or state law;
79
+
80
+ There are some caveats to any exemption from 61.878: 61.878(2) No exemption in this section shall be construed to prohibit disclosure of statistical information not descriptive of any readily identifiable person. 61.878(3) 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 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 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. 61.878(4) If any public record contains material which is not excepted under this section, the public agency shall separate the excepted and make the nonexcepted material available for examination. 61.878(5) 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. 61.878(6) 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."""]
81
+ elif (question == 'Are information on state-run programs and their effectiveness open records?'):
82
+ return ["""Based on the information provided and the key points about the Kentucky Open Records Act (KORA), it's clear that the Act is designed to ensure transparency and accountability of public agencies by granting residents of Kentucky the right to access public records. The Act defines "residents" broadly to include individuals living in Kentucky, businesses located or registered in the state, individuals employed or owning property in Kentucky, their authorized representatives, and certain news gathering organizations.
83
+
84
+ The process for requesting records is well-defined, offering two main avenues: a self-prepared written request or a standardized form available from the Attorney General's office. Requests can be submitted through various means, including hand delivery, mail, fax, or email, with a specific deadline for agencies to respond.
85
+
86
+ The Act also outlines the appeals process for requestors who are denied access to records or who believe the law has been subverted. This includes a review by the Attorney General's Office and the option to appeal directly to the Circuit Court. Notably, requests related to the Kentucky General Assembly and Legislative Research Commission have a different process, with appeals handled internally rather than through the Attorney General or courts.
87
+
88
+ The statutes within the KORA, from 61.870 to 61.884, cover a range of topics from definitions and policy, to the right of inspection, exemptions, and procedures for denial and appeal. This comprehensive framework is designed to balance the public's right to know with the need to protect certain sensitive information, as detailed in the various exemptions listed in KRS 61.878.
89
+
90
+ In the context of accessing information on state-run programs and their effectiveness, the KORA provides a mechanism for residents to request such records, unless they fall under specific exemptions. The effectiveness of state-run programs could be considered public information intended to inform the public about government operations and the use of public funds. However, requestors should be mindful of the exemptions outlined in KRS 61.878, as certain details about these programs might be protected for reasons such as personal privacy, trade secrets, or security concerns.""", """### Looked up statute: 61.872
91
+ KRS 61.872: Right of Kentucky residents to inspect public records — Written application — Limitation. (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 KRS 61.876(4). (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.
92
+
93
+ In Chapter 61: General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System Section: Open Records
94
+
95
+ ### Looked up statute: 61.878
96
+ 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. (2) No exemption in this section shall be construed to prohibit disclosure of statistical information not descriptive of any readily identifiable person. (3) 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 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 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. (4) If any public record contains material which is not excepted under this section, the public agency shall separate the excepted and make the nonexcepted material available for examination. (5) 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. (6) 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.
97
+
98
+ In Chapter 61: General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System Section: Open Records"""]
99
+ elif (question == 'Are settlements in civil rights cases open records?'):
100
+ return ["""Settlements in civil rights cases involving government entities in Kentucky are generally considered open records under the Kentucky Open Records Act (KORA). This is based on several key points derived from case law and Attorney General opinions:
101
+
102
+ 1. **Case Law**: The Kentucky Supreme Court has established that settlement agreements involving a governmental entity, where public funds are used to compensate for an injury, are public records and must be open to inspection unless specifically exempted by the Open Records Act. This principle was affirmed in cases such as Lexington-Fayette Urban County Gov't v. Lexington Herald-Leader Co., 941 S.W.2d 469 (Ky. 1997), and Cent. Ky. News-Journal v. George, 306 S.W.3d 41 (Ky. 2010). These cases underscore the public's right to scrutinize settlements involving government agencies, emphasizing that confidentiality clauses in such agreements do not override the public's right to access.
103
+ 2. **Attorney General Opinions**: The Attorney General of Kentucky has also opined on the matter, stating that settlement records, when prepared, are subject to public inspection unless a trial court orders the terms to be kept confidential. In such cases, the party seeking access may need to intervene in the suit to challenge the confidentiality order (OAG 91-20). Furthermore, if a city or governmental entity has records detailing the settlement of a legal action, including the amount of money paid in the settlement, these records should be made available for inspection, barring specific exceptions outlined in KRS 61.878 (OAG 90-36).
104
+ 3. **Exceptions**: While settlements in civil rights cases are generally open to public inspection, there are exceptions outlined in KRS 61.878 that could potentially apply, depending on the specifics of the settlement documents. These exceptions include, but are not limited to, personal privacy (61.878(1)(a)), confidential records disclosed for research (61.878(1)(b)), trade secrets (61.878(1)(c)), and others. Each exception would need to be evaluated in the context of the specific settlement documents to determine if an exemption from disclosure is warranted.
105
+
106
+ In summary, settlements in civil rights cases involving government entities are considered open records in Kentucky, subject to the public's right to access. However, specific exceptions may apply, and each case should be evaluated individually to determine if any exemptions from disclosure are justified under the Kentucky Open Records Act.""", """### Looked up statute: 61.878
107
+ 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. (2) No exemption in this section shall be construed to prohibit disclosure of statistical information not descriptive of any readily identifiable person. (3) 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 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 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. (4) If any public record contains material which is not excepted under this section, the public agency shall separate the excepted and make the nonexcepted material available for examination. (5) 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. (6) 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.
108
+
109
+ In Chapter 61: General Provisions as to Offices and Officers — Social Security for Public Employees — Employees Retirement System Section: Open Records
110
+
111
+ ### Searched case law annotations: settlements in civil rights cases open records
112
+ An agreement which represents the final settlement of a civil lawsuit whereby a governmental entity pays public funds to compensate for an injury it inflicted is a public record and is open to inspection by any person as provided in subsection (1) of KRS 61.872 and the government is without any basis upon which to claim a right of privacy and unless such documents are excluded from disclosure by one (1) or more provisions of the Open Records Act, they must be produced. Lexington-Fayette Urban County Gov't v. Lexington Herald-Leader Co., 941 S.W.2d 469, 1997 Ky. LEXIS 38 (Ky. 1997). Category: Civil Lawsuits Statute Number: 61.871 Type: Annotation
113
+
114
+ Litigation exception found in Open Records Act did not apply to disclosure of the specifics of settlement agreements made between local police department and litigants suing department, since such settlements were merely negotiated by counsel and not in closed meetings. Lexington-Fayette Urban County Gov't v. Lexington Herald-Leader Co., 941 S.W.2d 469, 1997 Ky. LEXIS 38 (Ky. 1997). Category: Nonexempt Information Statute Number: 61.878 Type: Annotation
115
+
116
+ Where a school district employee settled her lawsuit against one school district for sexual harassment by a district official and a second lawsuit against another district for allegedly wrongfully failing to hire her, the lower courts erred in denying a newspaper’s request for access to the settlement agreements under the Kentucky Open Records Act, KRS 61.870 to 61.884, because the settlement of litigation between a government agency and one of its employees and a private citizen and a governmental entity were matters of legitimate public concern that the public is entitled to scrutinize. A confidentiality clause in such agreements was not entitled to protection. Cent. Ky. News-Journal v. George, 306 S.W.3d 41, 2010 Ky. LEXIS 72 (Ky. 2010). Category: Access Improperly Denied Statute Number: 61.882 Type: Annotation
117
+
118
+ Where a school district employee settled her lawsuit against one school district for sexual harassment by a district official and a second lawsuit against another district for allegedly wrongfully failing to hire her, the lower courts erred in denying a newspaper’s request for access to the settlement agreements under the Kentucky Open Records Act, KRS 61.870 to 61.884, because the settlement of litigation between a government agency and one of its employees and a private citizen and a governmental entity were matters of legitimate public concern that the public is entitled to scrutinize. A confidentiality clause in such agreements was not entitled to protection. Cent. Ky. News-Journal v. George, 306 S.W.3d 41, 2010 Ky. LEXIS 72 (Ky. 2010). Category: Public Agency Employees Statute Number: 61.878 Type: Annotation
119
+
120
+ ### Searched AG decisions: settlements in civil rights cases open records
121
+ Litigants frequently document in writing the terms of settlements, and they are seldom “generated for” or “received by” the trial court, and settlement records of this nature are not court records and are therefore within the scope of the Act. OAG 91-20. Statute Number: 61.882 Type: Attorney General Opinion
122
+
123
+ In response to request to inspect all documents relating to settlement of legal action against city, if the city has a record or records setting forth moneys paid on behalf of the city in settling the suit in question, such record should be promptly made available for inspection; this view applies to any record of such nature in the possession of the attorney for the city, that would be considered a record of the city, though held by counsel; if the city has records regarding settlement of the suit in question, other than one setting forth the amount of moneys paid on behalf of the city in settling the suit in question, the city should, in a written response, itemize which records it has and if it denies inspection of any of such “other” records, it should state a specific basis for denial based upon the exceptions set forth in this section; if it has no record setting forth the amount of the settlement paid or payable, it should specifically so state, vis-a-vis the city government as a whole, and not just in relation to a record in the possession of the city manager. OAG 90-36. Statute Number: 61.878 Type: Attorney General Opinion
124
+
125
+ When settlement records are prepared, they will be subject to public inspection and must be made available to the requesting party unless the trial court orders that the parties keep the terms confidential, and in such an event, the requesting party remedy is to intervene in the suit, and move to reverse that order. OAG 91-20. Statute Number: 61.882 Type: Attorney General Opinion
126
+
127
+ In response to request to inspect all documents relating to settlement of legal action against city, if the city has a record or records setting forth moneys paid on behalf of the city in settling the suit in question, such record should be promptly made available for inspection; this view applies to any record of such nature in the possession of the attorney for the city, that would be considered a record of the city, though held by counsel; if the city has records regarding settlement of the suit in question, other than one setting forth the amount of moneys paid on behalf of the city in settling the suit in question, the city should, in a written response, itemize which records it has and if it denies inspection of any of such “other” records, it should state a specific basis for denial based upon the exceptions set forth in KRS 61.878; if it has no record setting forth the amount of the settlement paid or payable, it should specifically so state, vis-a-vis the city government as a whole, and not just in relation to a record in the possession of the city manager. OAG 90-36. Statute Number: 61.880 Type: Attorney General Opinion"""]
128
+ else:
129
+ return ['', '']
exceptions.csv CHANGED
@@ -1,3 +1,71 @@
1
- version https://git-lfs.github.com/spec/v1
2
- oid sha256:4ed01b66a3eae27349dbb1772df06b2e629d7c63811c0ed173b47391b523345a
3
- size 17034
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1
+ Law,Brief Summary,Body
2
+ 61.878(1)(a),Personal privacy,Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy;
3
+ 61.878(1)(b),Confidential records disclosed for research,"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;"
4
+ 61.878(1)(c),Trade secrets disclosed to government,"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;
5
+ 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:
6
+ a. In conjunction with an application for or the administration of a loan or grant;
7
+ b. In conjunction with an application for or the administration of assessments, incentives, inducements, and tax credits as described in KRS Chapter 154;
8
+ 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
9
+ d. For the grant or review of a license to do business.
10
+ 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;"
11
+ 61.878(1)(d),Prospective business locations,"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;"
12
+ 61.878(1)(e),Financial auditing criteria and methods,"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;"
13
+ 61.878(1)(f),Preliminary real estate transaction records,"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;"
14
+ 61.878(1)(g),Licensing exams and data,"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;"
15
+ 61.878(1)(h),Certain law enforcement records,"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;"
16
+ 61.878(1)(i),Preliminary drafts and notes,"Preliminary drafts, notes, correspondence with private individuals, other than correspondence which is intended to give notice of final action of a public agency;"
17
+ 61.878(1)(j),Preliminary recommendations and opinions,"Preliminary recommendations, and preliminary memoranda in which opinions are expressed or policies formulated or recommended;"
18
+ 61.878(1)(k),Incorporation of State and Federal restrictions outside of the KORA,All public records or information the disclosure of which is prohibited by federal law or regulation or state law;
19
+ 61.878(1)(l),Tax records,"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;"
20
+ 61.878(1)(m),Threats to public safety,"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:
21
+ a. Criticality lists resulting from consequence assessments;
22
+ b. Vulnerability assessments;
23
+ c. Antiterrorism protective measures and plans;
24
+ d. Counterterrorism measures and plans;
25
+ e. Security and response needs assessments;
26
+ 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;
27
+ 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
28
+ 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.
29
+ 2. As used in this paragraph, “terrorist act” means a criminal act intended to:
30
+ a. Intimidate or coerce a public agency or all or part of the civilian population;
31
+ b. Disrupt a system identified in subparagraph 1.f. of this paragraph; or
32
+ c. Cause massive destruction to a building or facility owned, occupied, leased, or maintained by a public agency.
33
+ 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.
34
+ 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.
35
+ 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;"
36
+ 61.878(1)(n),Private donations requesting nondisclosure,"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;"
37
+ 61.878(1)(o),Preliminary procurement records,"Records of a procurement process under KRS Chapter 45A or 56. This exemption shall not apply after:
38
+ 1. A contract is awarded; or
39
+ 2. The procurement process is canceled without award of a contract and there is a determination that the contract will not be resolicited;"
40
+ 61.878(1)(p),Public defender records,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;
41
+ 61.878(1)(q),"Photographs or videos that depict the death, killing, rape, or sexual assault","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;
42
+ 1. a. Any victim depicted in the photographs or videos, his or her immediate family, or legal representative;
43
+ b. Any involved insurance company or its representative; or
44
+ c. The legal representative of any involved party;
45
+ 2. Any state agency or political subdivision investigating official misconduct; or
46
+ 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"
47
+ 61.878(1)(r),Personal communications,Communications of a purely personal nature unrelated to any governmental function.
48
+ DPPA,Motor vehicle licensing and records,"The Driver's Privacy Protection Act (DPPA) is a federal law that regulates and restricts access to personal information in DMV records. It prohibits the release or use of personal information obtained in connection with a motor vehicle record by any State DMV or its employees. The DPPA allows the release of personal information for specific purposes defined by the law, such as government agency functions, motor vehicle safety, insurance transactions, and employment verification."
49
+ HIPAA,Private healthcare information,"Summary: All health-related personal information is private, including but not limited to names, addresses, diagnoses, prescriptions, treatments."
50
+ FERPA,Student records,Summary: Student educational records that identify individual students are protected by FERPA are exempt from disclosure.
51
+ 237.110(10),Firearm owner records,"The Department of Kentucky State Police shall maintain an automated listing of license holders and pertinent information, and this information shall be available upon request, at all times to all Kentucky, federal, and other states' law enforcement agencies. A request for the entire list of licensees, or for all licensees in a geographic area, shall be denied. Only requests relating to a named licensee shall be honored or available to law enforcement agencies. Information on applications for licenses, names and addresses, or other identifying information relating to license holders shall be confidential and shall not be made available except to law enforcement agencies. No request for lists of local or statewide permit holders shall be made to any state or local law enforcement agency, peace officer, or other agency of government other than the Department of Kentucky State Police, and no state or local law enforcement agency, peace officer, or agency of government, other than the Department of Kentucky State Police, shall provide any information to any requester not entitled to it by law."
52
+ 189.635(5),Vehicular accident records,"(a) All accident reports filed with the Department of Kentucky State Police in compliance with subsection (4) of this section shall not be considered open records under KRS 61.870 to 61.884 and shall remain confidential, except that the department may:
53
+ 1. Disclose the identity of a person involved in an accident when his or her identity is not otherwise known or when he or she denies his or her presence at an accident; and
54
+ 2. Make the reports available:
55
+ a. To the persons named in paragraph (c) of this subsection; and
56
+ b. In accordance with subsection (8) of this section.
57
+ (b) All other accident reports required by this section, and the information contained in the reports, shall be confidential and exempt from public disclosure under KRS 61.870 to 61.884, except when:
58
+ 1. Produced pursuant to a properly executed subpoena or court order; or
59
+ 2. Disclosed as provided in this section.
60
+ (c) Accident reports shall be made available to:
61
+ 1. The parties to the accident;
62
+ 2. The parents or guardians of a minor who is party to the accident;
63
+ 3. Insurers or their written designee for insurance business purposes of any party who is the subject of the report;
64
+ 4. The attorneys of the parties to the accident;
65
+ 5. Any party to litigation who files with the department a request for the report and includes a copy of the first page of a District or Circuit Court clerk-stamped complaint naming all parties; and
66
+ 6. The Department of Workplace Standards in the Education and Labor Cabinet if the accident report is pertinent to an occupational safety and health investigation."
67
+ 311A.190(5),Ambulatory records,"Ambulance provider, mobile integrated healthcare program and medical first response provider patient care records and the information transmitted electronically to the board shall be confidential and in compliance with HIPAA privacy rules referenced in 45 C.F.R. pt. 164. No person shall make an unauthorized release of information on an ambulance provider, mobile integrated healthcare program, or medical first response provider patient care record. Only the patient or the patient's parent or legal guardian if the patient is a minor, or the patient's legal guardian or person with proper power of attorney if the patient is under legal disability as being incompetent or mentally ill, or a court of competent jurisdiction may authorize the release of information on a patient's care record or the inspection or copying of the patient care record. Any authorization for the release of information or for inspection or copying of a patient care record shall be in writing."
68
+ 365.880,Trade secrets,Summary: Trade secrets confidentially provided to the government are exempt from release under the KORA
69
+ 610.320(3),Juvenile criminal records,"All law enforcement and court records regarding children who have not reached their eighteenth birthday shall not be opened to scrutiny by the public, except that a separate public record shall be kept by the clerk of the court which shall be accessible to the public for court records, limited to the petition, order of the adjudication, and disposition in juvenile delinquency proceedings concerning a child who is fourteen (14) years of age or older at the time of the commission of the offense, and who is adjudicated a juvenile delinquent for the commission of an offense that would constitute a capital offense or a Class A, B, or C felony if the juvenile were an adult, or any offense involving a deadly weapon, or an offense wherein a deadly weapon is used or displayed."
70
+ 131.081(15),Taxpayer records,"Taxpayers shall have the right to privacy with regard to the information provided on their Kentucky tax returns and reports, including any attached information or documents. Except as provided in KRS 131.190, no information pertaining to the returns, reports, or the affairs of a person's business shall be divulged by the department to any person or be intentionally and without authorization inspected by any present or former commissioner or employee of the department, member of a county board of assessment appeals, property valuation administrator or employee, or any other person."
71
+ Courts,Court Records,"Despite their inclusion in the Open Records Act, Kentucky courts have held they are not subject to it. If users ask about any records maintained by the court, they can find more information on the Court of Justice website at https://courts.ky.gov/Pages/open-records-request.aspx."
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+ langchain-openai==0.0.8
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