The following Kentucky Attorney General Opinions and Open Records/Open Meetings Decisions were issued last week. Summaries are listed below. To read the full text in each case, go to: https://ag.ky.gov/Priorities/Government-Transparency/opinions/Pages/opi…

1. 20-ORD-037 (Graves County)

Graves County School District ("the District") did not violate the Open Records Act ("the Act") by failing to honor requests for information or to produce nonexistent records, or by requiring a county resident to inspect records before obtaining copies.

2. 20-ORD-038 (Graves County)

Graves County School Board ("Board") violated the Open Records Act ("Act") by failing to provide an existing appraisal responsive to a request and by failing to explain why additional records do not exist notwithstanding Appellant's prima facie showing that such records may exist.

3. 20-ORD-039 (Oldham County)

Kentucky Correctional Psychiatric Center ("KCPC") properly relied upon KRS 26A.200 and complied with an order from the Ballard Circuit Court in denying an inmate's request for a copy of his pre-trial competency evaluation.

4. 20-OMD-040 (Jefferson County)

Kentucky Municipal Energy Agency ("KYMEA") complied with KRS 61.820(2) in providing for a schedule of regular meetings by resolution and making the schedule publicly available; likewise, the record establishes that committees of KYMEA have complied with the notice requirement in KRS 61.820(2). A KYMEA committee improperly relied upon a provision of the Open Records Act to justify holding a closed session. KYMEA committees are not permitted to exclude the public from their meetings because "no final action was taken." KYMEA can establish full compliance with KRS 61.826 only if members of the public can see and hear Directors who participate in the meeting via video teleconference. There is insufficient evidence in the record to determine whether KYMEA violated KRS 61.810(2) by discussing public business in secret telephonic conference calls.

5. 20-ORD-041 (Meade County)

Office of the Meade County Judge/Executive ("OCJE") violated the Open Records Act ("the Act") by failing to respond to some portions of a request for records, failing to notify the requester that it was not the custodian of some records, and omitting pages from meeting minutes without explanation.

6. 20-ORD-042 (Gallatin County)

Gallatin County Fiscal Court ("Fiscal Court") violated KRS 61.872(3)(a) by failing to honor a request to inspect public records on public premises. The Fiscal Court's request for additional time violated KRS 61.872(5) by failing to state the earliest date on which records would be available, however, it ultimately produced records timely.