From the Kentucky Attorney General. To read the full opinions, go to: https://ag.ky.gov/orom/Pages/2019-OROM.aspx
The following Attorney General Opinions and Open Records/Open Meetings Decisions were issued by the Office of the Attorney General May 13, 2019 through May 17, 2019:
1. OAG 19-008 (Lincoln County)
The offices of member of the Lincoln County Board of Education and member of the Lincoln County Sanitation District are incompatible.
2. OAG 19-009 (Woodford County)
Because KRS 402.100(4) does not limit the government-issued identification that a clerk must request from marriage license applicants, and because there is no requirement that applicants for marriage license be residents of the Commonwealth or of the United States, identification issued by a foreign government satisfies the requirements of KRS 402.100(4).
3. OAG 19-010 (Fayette County)
KRS 367.682 provides that a contact lens prescription expires no later than twelve months after the date of authorization. Nothing in KRS 367.6802(2)(f), concerning the use of an assessment mechanism to generate a prescription for contact lenses, alters that provision.
4. 19-ORD-088 (Shelby County)
City of Shelbyville violated the Open Records Act by requiring non-commercial requester to use a preprinted request form that required him to certify that the information provided in the form was true and accurate. City also violated the Act by failing to respond in writing to the request within three days and in offering copies where requester had instead asked to inspect the records during City's business hours.
5. 19-ORD-089 (Lyon County)
Kentucky State Penitentiary properly relied upon KRS 197.025(1), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), in denying a request for specified video footage of the Special Security Unit recreation area because disclosure would constitute a legitimate security threat.
6. 19-ORD-090 (Montgomery County)
The Montgomery County Sheriff's Office violated the Open Records Act by failing to carry its burden to prove the requested records were part of an ongoing investigation and also by failing to respond in part to the request.
7. 19-ORD-091 (Franklin County)
Commonwealth Office of Technology did not violate Open Records Act by denying request for all metadata on devices issued to three state employees; request did not precisely describe records readily available; COT provided clear and convincing evidence of an unreasonable burden under KRS 61.872(6); request was nonstandardized unless a pre-existing query could be used; COT was not the official custodian of other agencies' metadata.
8. 19-OMD-092 (Franklin County)
Technology Advisory Council violated Open Meetings Act by conducting non-public meetings without notice or minutes, when each of its members was appointed by a public agency, as provided in KRS 61.805(2)(f).
9. 19-ORD-093 (Franklin County)
Kentucky State Police violated KRS 61.880(1) by failing to respond to an open records request within three business days. Kentucky State Police did not moot issue on appeal by partially disclosing records.
