The following Open Records/Open Meetings Decisions were issued by the Office of the Kentucky Attorney General last week. The summaries are listed here. For the full text in each case, go to the link. https://ag.ky.gov/orom/Pages/2019-OROM.aspx

1. 19-OMD-187 (Fayette County)

Lexington-Fayette Urban County Government Ethics Commission issued a written response within three working days of receiving the written complaint per KRS 61.846(1). The Commission properly relied upon KRS 61.810(1)(f) as the legal basis for its August 6, 2019, Preliminary Inquiry regarding two complaints alleging violations of the LFUCG Ethics Act; 01-OMD-18 is controlling on this issue. Complainant's remaining issues either fall beyond our purview under KRS 61.846(2) or are not ripe for administrative review.

2. 19-ORD-188 (Lyon County)

Kentucky State Penitentiary did not violate the Open Records Act in denying a request for a nonexistent Extraordinary Occurrence Report and other documents relating to a Disciplinary Report; KSP cannot provide that which it does not have nor must KSP "prove a negative" in order to refute appellant's unsubstantiated claim that such records were created. Issues regarding any responsive audio recordings were rendered moot per 40 KAR 1:030, Section 6.

3. 19-ORD-189 (Jefferson County)

Harrods Creek Fire Protection District procedurally violated the Open Records Act by sending its response to a records request one day beyond the three-day period allowed by the Act. Denial of records regarding merger of Harrods Creek into larger district became moot upon the successor agency providing the requested records after requester filed appeal. Harrods Creek did not violate the Act by declining to provide records that were nonexistent or not in its possession.