The following Kentucky Attorney General Opinions and Open Records/Open Meetings Decisions were issued by the Office of the Attorney General last week. The summaries are listed here. To read the full opinions, go to: https://ag.ky.gov/orom/Pages/2019-OROM.aspx

1. 19-ORD-141 (Hardin County)

Radcliff Police Department violated the Open Records Act by failing to affirmatively deny the existence of requested records. Police Department 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. Existence of Police Department General Order regarding use of body worn video cameras did not establish that the cases at issue were ones where body worn video cameras were required to be worn. Police Department violated Act by failing to substantively respond within three days of receipt of records request or explain delay in response.

2. 19-ORD-142 (Garrard County)

Garrard County Search and Rescue and its executive committee members are a "Public Agency," pursuant to KRS 61.870(1)(f) and (i), and therefore subject to the requirements of the Open Records Act. Garrard County Search and Rescue, by failing to provide the requested records for in camera review, failed to meet its burden of proof that requested records are exempt pursuant to KRS 61.878(1)(a), and KRS 61.878(1)(i) and (j). Accordingly, Garrard County Search and Rescue violated the Act when it denied a request for copies for public records.

3. 19-ORD-143 (Jefferson County)

The Louisville Metro Department of Corrections ("LMDC") appropriately denied the inmate's request per KRS 197.025(2) because he requested records that do not contain a specific reference to him, though it committed a procedural violation by failing to cite the specific exemption in its response. LMDC did not violate the Open Records Act in denying Appellant's request for records that do not exist.

4. 19-ORD-144 (Oldham County)

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Luther Luckett Correctional Complex properly relied on KRS 439.510, incorporated into the Open Records Act by KRS 61.878(1)(l), in denying a request for a copy of a completed Kentucky Rick Assessment System because all responses were derived from probation and parole interviews. For those sections of the Kentucky Risk Assessment System not protected by KRS 439.510, Luther Luckett Correctional Complex properly relied on 17 U.S.C. § 106, incorporated in to the Act by KRS 61.878(1)(k), in denying the request as copyright-protected material.

5. 19-ORD-145 (Muhlenberg County)

Green River Correctional Complex cannot produce nonexistent handwritten report for copying, but violated KRA 61.880(1) in failing to conduct a reasonable search for the responsive records upon receipt of the request and failing to notify the requester that no such records existed.

6. 19-ORD-146 (Grant County)

City of Williamstown improperly invoked KRS 61.878(1)(c) for a water rate study it commissioned from Kentucky Rural Water Association. City partially violated Open Records Act by withholding portions of study pursuant to KRS 61.878(1)(i) or (j) that did not constitute opinions or recommendations adopted as basis of final action, but did not violate the Act as to those opinions or recommendations not so adopted.

7. 19-ORD-147 (Hardin County)

Hardin County 911 initially violated KRS 61.880(1) in failing to explain how KRS 61.878(1)(a) applied on the facts presented, but ultimately satisfied its burden per KRS 61.880(2)(c) to justify the withholding of the requested 911 recording on the basis of that exception. However, its reliance on KRS 610.340(1)(a) was misplaced.