Kentucky Department of Fish and Wildlife Resources Commission v. Kentucky Open Government Coalition, Inc.
Issues presented include: (1) whether records concerning public business
sent or received by public officials and employees are exempt from disclosure
under the Open Records Act when they were sent, received, or stored on a
nongovernmental email account or electronic device, such as a personal cell
phone; (2) whether there is any distinction between emails and text messages
concerning public business sent from, received by, or stored on
nongovernmental systems; (3) whether, on remand, the Commission should
have another chance to meet its burden concerning the unreasonableness of
requiring government employees to search their private cell phones for text
messages related to public work; and, (4) whether the Fish and Wildlife
Commission willfully violated the Open Records Act.
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