Transportation Cabinet Records Requests

This page outlines records requests made of the Kentucky Transportation Cabinet.

2010

June

• 25th: A request was submitted to Kentucky Transportation Cabinet, to obtain the following -
  • 1: All budgetary guidance put out to the agencies and staff within the cabinet for the budget submitted to be consolidated into the budget the Governor provided for the Kentucky General Assembly session that ended April 15, 2010.
  • 2: All budgetary guidance put out to agencies and staff within the cabinet for any modified budget submitted for consolidation into the budget the Governor provided for the Kentucky General Assembly special session beginning May 24, 2010.
  • 3: All goals and proposed metrics established for agencies and staff for the budget that was prepared and submitted for consolidation into the budget the Governor provided for the Kentucky General Assembly session that ended April 15, 2010.
  • 4: All internal recommendations from the secretary, the agencies and staff for consideration and decision for any modified budget submitted for consolidation into the budget the Governor provided for the Kentucky General Assembly special session beginning May 24, 2010.
  • 5: All recommendations proactively provided by the secretary, the agencies and staff for cutting the budget by reductions in staffing, restructuring, improving processes, consolidations of programs, elimination of programs, outsourcing work or similar actions making your cabinet more ‘effective’ and/or more ‘cost effective’ during the latest general and special session budget cycles.
  • 6: All analysis, risk assessments and impact assessments prepared by the secretary, the agencies agencies, staff and consultants on cutting cabinet budget in any area of concern to the secretary.
  • 7: All performance improvements, improving operational effectiveness and cost effectiveness commitments made by the secretary, the agencies and staff for the performance period covered by the budget passed in Kentucky General Assembly special session beginning May 24, 2010.

July

• 8th: Received a letter from J. Todd Shipp, the senior counsel/special assistant to the Kentucky Transportation Cabinet, stating the request has been denied. The request was denied because the statute states that the request must be for "records". The language below is what was contained in the letter:

KRS 61.872(1) provides that all public records shall be open for inspection by any person, except as otherwise provided by the Act. The critical word in the statute cited is "record". The Attorney General has ruled in several decisions (08-ORD-269, 03-ORD213, 03-ORD-12, 02-ORD-161, 98-ORD-17, 97-ORD-86, 97-ORD-46), that it is incumbent on the requestor to identify records sought with reasonable specificity in order for the Agency to locate those documents sought to be reviewed. Specifically, the Transportation Cabinet is not required to provide information, create a record, perform research, search for, or compile lists to satisfy your request. The subject ofyour letter is "Open Records Request for Budgetary Information". In this regard, the Attorney General has held that blanket requests for 'information' on a particular subject without specifically identifying documents need not be honored. (08-ORD-269) Further, generic requests for "any and all documents" or "all documents" concerning a particular subject have been held to be overbroad and non-compliant with the Open Records Act. Satisfying your request for information would require much speculation, research, and guessing on the part of KTYC.

Request made Date sent 3 day reply? Info obtained? Requested format? Helpful? Budget Information 6/25/2010 NA