The Office of the Kentucky Attorney General issued the following Opinions and Open Records/Open Meetings Decisions last week.

1. 20-OMD-003 (Spencer County)

The Spencer County Judge/Executive violated KRS 61.810(1) and KRS 61.815(1)(a) by failing to give notice in a regular open meeting of the general nature of the business to be discussed in closed session and the specific provision authorizing the closed session discussion, and violated KRS 6L815(1)(d) by discussing in a closed session matters other than those publicly announced prior to convening the closed session..

2. 20-ORD-004 (Franklin County)

Department of Juvenile Justice ("DJJ") violated the Open Records Act ("the Act") in denying a request for a copy of existing public records contained in its databases because complying would not require DJJ to create a record. DJJ has a duty to separate any exempt material per KRS 61.878(4), which is not equivalent to creating a record; DJJ is not being asked to produce the record in a specially tailored or nonstandard format within the meaning of KRS 61.874(3). The analysis contained in 18-ORO-078 is controlling.

3. 20-ORD-005 (Franklin County)

The Kentucky State Police ("KSP") did not violate the Open Records Act ("Act") in denying a request for a copy of an explicit photograph contained within the subject investigation file on the basis of KRS 61.878(1)(a). Because the requested photograph is private by nature, and its content has no manifest bearing on how KSP discharged its duty of conducting the investigation, application of the balancing test required under KRS 61.878(1)(a) weighs in favor of the privacy interest and KSP properly withheld the photograph.

4. 20-ORD-006 (Fulton County)

Fulton County Fiscal Court ("Fiscal Court") violated the Open Records Act ("the Act') in denying a request for all existing records "prepared by or otherwise in the possession of" the agency regarding tornado damage to the Fulton County Detention Center ("FCDC") that occurred in 2017 solely because the records pertain to civil litigation that is ongoing between the parties and the records may be discoverable in that proceeding. Although the Fiscal Court may withhold some or all of the records on the basis of KRE 503 or CR 26.02, the Fiscal Court has not satisfied its burden of justifying a denial based on either privilege.

5. 20-ORD-007 (Jefferson County)

Louisville Metro Police Department lawfully withheld a Professional Standards Unit report as preliminary under KRS 61.878(1)(i) and (j) where investigative process was closed due to officer's resignation.

6. 20-ORD-008 (Jefferson County)

Louisville Metro Human Relations Commission ("Commission") failed to provide a detailed explanation of the cause for delay in its initial responses under KRS 61.872(5). The Commission did not meet its burden of proof by clear and convincing evidence to show that requests for policies and member speeches were unreasonably burdensome. The Commission met its burden of proof by clear and convincing evidence to show that broadly framed requests for discrimination case files were unreasonably burdensome.