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

1. 19-ORD-123 (Breathitt County)

In the absence of allegation or proof that a quorum of the members of the Breathitt Fiscal Court was present at a single meeting, or series of meetings, from which the public was excluded, this office has no basis upon which to find that the Fiscal Court violated the Open Meetings Act when the County Judge-Executive and a magistrate met with a Fiscal Court employee to remove some of her job duties. Fiscal Court violated KRS 61.846(1) by failing to notify complainant of its decision regarding her open meetings complaint.

2. 19-ORD-124 (Franklin County)

Kentucky State Police did not violate the Open Records Act in denying request for records of an ongoing investigation where disclosure would reveal information to be used in a prospective law enforcement action, and KSP justified the refusal with the specificity required by KRS 17.150(3). Denial of incident report is improper without specific showing of harm under KRS 61.878(1)(h).

3. 19-ORD-125 (Elliott County)

Elliott County Judge-Executive's Office violated the Open Records Act, specifically KRS 61.880(1), in failing to issue a written response to request. Having neglected to advance a statutory basis for the apparent denial of the request, the Judge-Executive's Office must provide the requester with a copy of any existing responsive document(s) in the custody of the agency, upon receipt of the copying fee and postage in accordance with KRS 61.872(3)(b), if appropriate, unless it can satisfy its burden of justifying the denial per KRS 61.880(2)(c).

4. 19-ORD-126 (Morgan County)

Because inmate requested records that do not contain a specific reference to him, Eastern Kentucky Correctional Complex appropriately denied his request per KRS 197.025(2).

5. 19-ORD-127 (Jefferson County)

SMPD failed to expressly invoke KRS 61.872(5) and initially failed to provide a detailed explanation and place time and earliest date on which records would be available but corrected on appeal. SMPD met its burden of proof for cost of hard copies but subverted the act by imposing excessive fee for disks of records and recordings.

6. 19-ORD-128 (Franklin County)

Kentucky State Police did not violate the Open Records Act in denying a request for a nonexistent audio recording; a public agency cannot provide that which does not exist. KSP discharged its duty under the Act by conducting a good faith search for the requested audio recording after the appellant specified a time frame during which the 911 call would have been made, and by ultimately notifying the requester that no such recording exists in the possession or custody of KSP.

7. 19-ORD-129 (Lyon County)

KSP did not violate the Act in denying request to inspect medical records due to inmate's confinement to disciplinary segregation. KSP properly denied copies to inmate lacking funds for prepayment of reproduction charges.

8. 19-ORD-130 (Lyon County)

Inmates request for incident report is moot because record was made available after dismissal of disciplinary action. KSR did not violate the act in denying request for nonexistent record.

9. 19-ORD-131 (Lyon County)

Kentucky State Penitentiary did not violate the Open Records Act by denying a request for medical records where an inmate did not follow the institution's procedure for requesting copies of medical records.