The following Attorney General Opinions and Open Records/Open Meetings Decisions were issued by the Office of the Kentucky Attorney General last week. The summaries are listed here. For the full text in each, go to: https://ag.ky.gov/orom/Pages/2019-OROM.aspx
1. 19-ORD-156 (Franklin County)
Kentucky Public Service Commission violated KRS 61.880(1) by initially failing to assign responsive records to meaningful categories and failing to provide a brief explanation of how KRS 61.878(1)(i) and (j) applied to withheld responsive records. The Commission declined to provide unredacted copies of the responsive records in dispute to Attorney General for in camera review per KRS 61.880(2)© and 40 KAR 1:030 Section 3, and therefore failed to satisfy its burden of proof concerning withheld responsive records.
2. 19-ORD-157 (Franklin County)
The Department of Corrections violated the Open Records Act by failing to respond and affirmatively deny the existence of requested records. However, the Department of Corrections corrected the error on appeal by affirmatively denying existence of records and explaining the steps taken in making a good faith search for the records.
3. OAG 19-012 (Franklin County)
The Lieutenant Governor is the appointing authority of the office of the Lieutenant Governor and, as such, has the power to appoint and terminate employees of the office of the Lieutenant Governor in accordance with the provisions of KRS Chapter 18A.
