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The following Attorney General Opinions, all Open Records cases, have been released. The summaries are below. To read the full text in each decision, go to: https://ag.ky.gov/orom/Pages/2019-OROM.aspx

1. 19-ORD-101 (Lyon County)

Kentucky State Penitentiary did not violate the Open Records Act in denying inmate's request for a copy of his April 2019 Prison Rape Elimination Act ("PREA") Assessment on the basis of KRS 197.025(1), incorporated into the Open Records Act by operation of KRS 61.878(1)(l).

2. 19-ORD-102 (Fayette County)

The Lexington Police Department properly withheld body camera footage of DUI field sobriety tests according to KRS 189A.100(2)(e).

3. 19-ORD-103 (Jefferson County)

Decision adopting 98-ORD-6; records in the custody of district and circuit court clerks are properly characterized as court records, to which the Open Records Act does not apply, rather than public records within the meaning of KRS 61.870(2). In accordance with Ex Parte Farley, Ky., 570 S.W.2d 617 (1978), KRS 26A.200, and KRS 26A.220, this office finds that the Office of the Jefferson Circuit Court Clerk is not bound by, and therefore cannot be said to have violated, the Open Records Act.

4. 19-ORD-104 (Lee County)

This office cannot resolve a factual dispute concerning the actual delivery and receipt of the request therefore has no basis upon which to find Lee Adjustment Center vioaltion the Act in failing to issue a timely written response per KRS 197.025(7) or delay accesss to records per KRS 61.872(5).

5. 19-ORD-105 (Jessamine County)

Jessamine County Fire Department violated Act in failing to adopt rules and regulations and designate an official custodian. Violated Act in failing to respond timely and delying access to public records. Lawfully withheld records as preliminary, but violated the Act in requiring onsite inspection of records requested by mail.

6. 19-ORD-106 (Muhlenburg County)

Green River Correctional Complex's initial reliance upon the exception at KRS 61.878(1)(h) to deny production of a requested record was, upon appeal, acknowledged to be a mistake. Green River Correctional Complex's denial of the request is affirmed after it explained that it conducted a good faith search for the requested record and determined that it does not exist.

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