The following Attorney General Opinions and Open Records/Open Meetings Decisions were issued by the Office of the Attorney General last week. Summaries are below. To read the full opinion of each, go to: https://ag.ky.gov/orom/Pages/2019-OROM.aspx
1. 19-ORD-132 (Jefferson County)
The Department for Local Government violated the Open Records Act, specifically KRS 61.880(1), by failing to issue a timely written response to a request for a copy of all records pertaining to funding of a specific project; absence of the records custodian is not a legal basis for delaying access to existing responsive documents under KRS 61.872(5) nor is a verbal response sufficient. DLG also violated KRS 61.880(1) by failing to cite the applicable statutory exception and briefly explain how it applied to records withheld in response to amended request, and violated KRS 61.872(4) in failing to refer the requester to different agencies in whose custody some records may reside prior to appeal. Because requester failed to "precisely describe" the records per KRS 61.872(3)(b), DLG was not required to mail copies to him.
2. 19-ORD-133 (Jefferson County)
Finance and Administration Cabinet procedurally violated Open Records Act by its untimely response, and substantively violated the Act to the extent it did not meet its burden to sustain redaction of confidentially disclosed material under KRS 61.878(1)(c)1. Such material is only exempt where it is generally recognized as confidential or proprietary and its disclosure would permit an unfair commercial advantage to competitors.
3. 19-ORD-134 (Spencer County)
Request for letter rescinding resignation made moot during the appeal. Taylorsville-Spencer County Fire District made records available. Given conflicting evidence of actual delivery and receipt, there is insufficient evidence of a violation of the day time requirement. Fire District failed to properly delay response to request to inspect but corrected the error on appeal.
