The Office of the Kentucky Attorney General issued the following Opinions and Open Records/Open Meetings Decisions last week. The summaries are provided 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-031 (Fayette County)
The University of Kentucky did not violate the Open Records Act ("the Act") in denying a request for "education records" protected from disclosure under the Family Educational Rights and Privacy Act ("FERPA"). In addition, the University did not err in declining to confirm or deny whether any responsive documents existed as doing so would constitute a disclosure prohibited by the corresponding regulation.
2. 20-ORD-032 (Fayette County)
The Fayette County Detention Center ("FCDC") did not violate the Open Records Act ("Act") in denying inmate's request for a free copy of his medical records. KRS 422.317(1) does not apply because FCDC is not a health care provider and therefore is exempt from KRS 422.317(1). In accordance with KRS 61.874(1) and Friend v. Rees, 696 S.W.2d 325 (Ky. App. 1985), the denial is affirmed.
3. 20-ORD-033 (Jefferson County)
Louisville Regional Airport Authority ("Authority") violated the Open Records Act ('the Act") by failing to justify its redactions to a record under KRS 61.878(1)(a) or KRS 61.878(1)(h), but did not violate the Act by failing to produce a nonexistent record.
4. 20-ORD-034 (Graves County)
Graves County School Board ("Board") did not violate the Open Records Act ("the Act") where the record requested did not exist.
5. 20-OMD-035 (Graves County)
The Graves County School Board's ("Board") untimely response to an emailed Open Meetings Act ("Act") complaint violated KRS 61.846(1). The Board met its burden of proof that it complied with the special meeting notice and agenda requirements of KRS 61.823(3) and (4), but it failed to provide fair notice that the budget would be a particular topic to be discussed or acted upon.
6. 20-ORD-036 (Lawrence County)
Because inmate's appeal of his open records request was not initiated within 20 days of agency's denial, his appeal is time-barred pursuant to KRS 197.025(3).
