The following Kentucky Attorney General Opinions and Open Records/Open Meetings Decisions were issued last week. To read the full text, go to the link: https://ag.ky.gov/Priorities/Government-Transparency/orom/Pages/2020-OR…

1. 20-ORD-082 (Jefferson County)

Because Community Transitional Services, LLC ("CTS") receives its public funding through a contract obtained through a public competitive procurement process, it is not a public agency that must comply with the Open Records Act ("the Act").

2. 20-ORD-083 (Franklin County)

The Cabinet for Health and Family Services ("CHFS") failed to issue a timely written response to a request for records under the Open Records Act ("Act") and failed to provide responsive records in its possession.

3. 20-ORD-084 (Franklin County)

Office of the Attorney General ("Office") did not violate the Open Records Act ("the Act") by failing to produce a record that did not exist in its possession.

4. 20-ORD-085 (Franklin County)

The Department of Housing, Buildings and Construction ("Department") violated KRS 61.880(1) by failing to issue a timely written response to a request for public records under the Open Records Act ("Act"). However, the Department did not violate the Act in denying the request based on the nonexistence of responsive records because it cannot produce records it does not possess. The Department discharged its duty under the Act by conducting a reasonable search for any existing responsive records it may have possessed and explaining that search in writing after the requester made a prima facie showing that certain records previously existed in the Department's possession.

5. 20-ORD-086 (Morgan County)

Eastern Kentucky Correctional Complex ("Complex") did not violate the Open Records Act ("Act") in denying an inmate's request for certain documents because the Complex explained how disclosure would constitute a security threat under KRS 197.025(1).