KORA Logs

Good morning, for the open records request you have submitted to our department I am seeking advisement from our city attorney on processing. When I have further Information I will contact you.

Shondra Mosher
Data Analyst
Winchester Police Department
859-745-7400

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The information contained in this email, including attachments, may include CONFIDENTIAL and/or PROPRIETARY information, and may be used only by the person or entity to which it is addressed. If the reader of this transmission is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this transmission is prohibited. If you have received this transmission by error, please notify the sender and delete or destroy the material/information immediately. The information contained in this email may be of an agency sensitive nature or pertinent to a criminal investigation. Intentional dissemination of this email or it's contents may constitute violation of city policy or state law.

Good Afternoon,

At this time your request for records from August 3, 2023 to October 3, 2023 will be denied. As of 2021 KRS 61.872(2)(a) has been amended to read;
-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).
Under this statute you do not qualify as a resident of the Commonwealth of Kentucky where your business is located in Boston MA and you are not an individual residing within the Commonwealth, you are not a domestic business with a location in the Commonwealth, you are not a foreign business entity, you are not employed and work for a location within the Commonwealth, you are not a business or entity that owns real property within the Commonwealth, there is also no indication that you are requesting this on the behalf of a qualifying individual.

You also do not qualify as a news-gathering organization as defined in KRS 189.635(8)
(a) The report shall be made available to a news-gathering organization, solely for the purpose of publishing or broadcasting the news. The news-gathering organization shall not use or distribute the report, or knowingly allow its use or distribution, for a commercial purpose other than the news-gathering organization's publication or broadcasting of the information in the report.
(b) For the purposes of this subsection:
1."News-gathering organization" includes:
a. A newspaper or periodical if it:
i. Is published at least fifty (50) of fifty-two (52) weeks during a calendar year;
ii. Contains at least twenty-five percent (25%) news content in each issue or no more than seventy-five percent (75%) advertising content in any issue in the calendar year; and
iii. Contains news of general interest to its readers that can include news stories, editorials, sports, weddings, births, and death notices;
b. A television or radio station with a valid broadcast license issued by the Federal Communications Commission;
c. A news organization that broadcasts over a multichannel video programming service as defined in KRS 136.602;
d. A Web site published by or affiliated with any entity described in subdivision a., b., or c. of this subparagraph;
e. An online-only newspaper or magazine that publishes news or opinion of interest to a general audience and is not affiliated with any entity described in subparagraph 2. of this paragraph; and
f. Any other entity that publishes news content by any means to the general public or to members of a particular profession or occupational group; and
2."News-gathering organization" does not include any product or publication with the primary purpose of distributing advertising or of publishing names and other personal identifying information concerning parties to motor vehicle accidents which may be used to solicit for services covered under Subtitle 39 of KRS Chapter 304.

Shondra Mosher
Data Analyst
Winchester Police Department
859-745-7400

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The information contained in this email, including attachments, may include CONFIDENTIAL and/or PROPRIETARY information, and may be used only by the person or entity to which it is addressed. If the reader of this transmission is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this transmission is prohibited. If you have received this transmission by error, please notify the sender and delete or destroy the material/information immediately. The information contained in this email may be of an agency sensitive nature or pertinent to a criminal investigation. Intentional dissemination of this email or it's contents may constitute violation of city policy or state law.