The Office of the Kentucky Attorney General issued the following Opinions and Open Records/Open Meetings Decisions last week. The summaries are listed here. To read the full text in each case, go to: https://ag.ky.gov/Priorities/Government-Transparency/orom/Pages/2020-OR…

1. 20-ORD-043 (Jefferson County)

University of Louisville ("University") violated the Open Records Act ("the Act") by its untimely disposition of a request for records. The University failed in part to establish the applicability of KRS 61.878(1)(a), and failed to establish applicability of the work product doctrine. Information identifying students was protected by FERPA. Confidential communications from the University's attorneys were protected by attorney-client privilege. Preliminary records related to grant renewal proposals could be withheld under KRS 61.878(1)(i) and (j) except to the extent they were adopted as the basis of final agency action.

2. 20-ORD-044 (Marshall County)

Marshall County Judge/Executive's Office ("MCJE") violated the Open Records Act ("the Act") by failing to notify Appellant within three business days of whether it would comply with a request for records and failing to provide a justifiable reason for delay. MCJE also failed to explain how the attorney-client privilege applied to certain records withheld, and failed to meet its burden of proof regarding purportedly nonexistent records.

3. 20-ORD-045 (Franklin County)

Department of Corrections ("DOC"), Division of Probation and Parole ("Division") did not violate the Open Records Act ("Act") in denying inmate's request for a copy of his presentence investigation ("PSI") report on the basis of KRS 439.510, KRS 61.878(1)(l), and governing case law.

4. 20-ORD-046 (Boyle County)

Northpoint Training Center ("NTC") did not violate the Open Records Act ("the Act") by not providing a nonexistent record. A second request for the same record does not extend the 20-day time for inmate appeals under KRS 197.025(3).