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The following Attorney General Opinions and Open Records/Open Meetings Decisions were issued by the Office of the Attorney General April 29, 2019 through May 3, 2019. The summaries are here. For details on each decision, go to: https://ag.ky.gov/orom/Pages/2019-OROM.aspx

19-ORD-075 (Lee County)

Because inmate initiated open records appeal to Attorney General prior to receipt of his open records request by Lee Adjustment Center, issue on appeal was not ripe for review and Attorney General was foreclosed from reviewing it; decision adopts 11-ORD-073.

19-ORD-076 (Lyon County)

This office cannot find a violation of the Open Records Act where there is a discrepancy between the records produced and records expected to be produced.

19-ORD-077 (Scott County)

Georgetown-Scott County Planning Commission violated the Open Records Act by failing to explain the steps it took to search for records where it speculated as to the reason for the nonexistence of some of the requested records. Commission violated procedural requirements of the Open Records Act by failing to respond to open records request within three days after receipt and provide a detailed explanation for the delay.

19-ORD-078 (Warren County)

Office of the Attorney General is unable to resolve factual dispute concerning actual delivery and receipt of a request for DNA records from inmate where the Commonwealth's Attorney for the Eighth Judicial Circuit states that it did not receive the request. On appeal, Commonwealth's Attorney invoked KRS 61.878(1)(h) which permanently exempts from disclosure records compiled and maintained by Commonwealth's attorneys pertaining to criminal investigations or litigation.

19-ORD-079 (Jefferson County)

Louisville Metro Government failed to respond timely to a request and to explain the application of exceptions to open records pursuant to KRS 61.880(1), but lawfully withheld inmate numbers, booking numbers, and race identifiers for juveniles in Louisville Metro Youth Detention Center pursuant to KRS 610.320(3).

19-ORD-080 (Franklin County)

Cabinet violated the Act by failing to issue a timely written response or properly invoke delay. Cabinet violated Act by failing to email records as requested. Cabinet subverted the intent of the Act.

19-ORD-081 (Perry County)

Kentucky River Regional Jail violated the Act by failing to issue a response to an open records requests. Issues relating to records produced during appeal are moot. Appeal contains insufficient evidence that jail conducted an adequate search for records.

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