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/orom/Pages/2019-OROM.aspx

1. 19-OMD-208 (Jefferson County)

Eastwood Fire Protection District violated the Open Meetings Act by conductin-g closed sessions under KRS 61.810(1)(f) that did not pertain to the appointment, discipline, or dismissal of an individual employee. Worthington Fire Protection District violated the Act either by failing to authorize a closed session by motion and majority vote or by failing to record those actions in its minutes. Harrods Creek Fire Protection District ("HFPD") violated the Act either by failing to authorize closed sessions by majority vote or by failing to record that action in its minutes. Anchorage Middletown Fire & Emergency Medical Services ("AMFEMS") did not violate the Act where complaint failed to allege a violation.

2. 19-ORD-209 (Nelson County)

City of Bardstown did not violate the Open Records Act by providing identifiable records in response to requests, while refusing to honor requests for information or requests that did not reasonably describe the records to be inspected.

3. 19-ORD-210 (Pike County)

Pikeville Independent School District violated the Open Records Act in denying a request for a copy of the life insurance policy it purchased for the Superintendent with public funds based solely on its lack of possession. Existing legal authority establishes the policy is a "public record" within the meaning of KRS 61.870(2) and the agency's lack of possession is therefore not a legitimate basis for denial; the "nature and purpose of the document, not the place where it is kept" determine its character. Insofar as the District initially failed to confirm or deny existence of the policy, it also violated KRS 61.880(1).

4. 19-ORD-211 (Bullitt County)

The Bullitt County Sheriff's Office ("BCSO") violated KRS 61.880(1) as it related to a request for an investigation file, and failed to properly invoke KRS 61.872(5) in delaying its response to that request. BCSO cannot provide the requester a copy of a nonexistent investigation file, nor can the Attorney General find that BCSO violated the Open Records Act ("Act") in denying a request based on the nonexistence of the record. However, the applicable retention schedules required that BCSO maintain a copy of any such investigation file for a minimum of five years. Accordingly, BCSO subverted the intent of the Act within the meaning of KRS 61.880(4) by failing to establish an effective system for management and retention of its record. This matter is referred to the Kentucky Department for Library and Archives.

5. 19-ORD-212 (Franklin County)

Kentucky State Police ("KSP") violated the Open Records Act ("Act") by failing to timely produce responsive records, as required by KRS 61.880(1), and by failing to properly invoke KRS 61.872(5) and provide the statutorily-required detailed explanation of the cause for delay. KSP's 68-day delay in responding to four requests, and 88-day delay in responding to two requests subverted the intent of the Act within the meaning of KRS 61.880(4). KSP did not violate the Act in denying a request based on the nonexistence of responsive records where it conducted a good faith search for the responsive maintenance logs.

6. 19-ORD-213 (Franklin County)

This office has no basis upon which to find the Kentucky State Police ("KSP") violated the Open Records Act in failing to issue a timely written response per KRS 61.880(1), because the office cannot resolve a factual dispute concerning the actual delivery and receipt of the request for records. However, KSP discharged its duty under the Act by conducting a reasonable search for responsive records and providing Appellant copies of all existing responsive records in its possession.

7. OAG 19-020 (Breckinridge County)

A city council may amend a budget in accordance with KRS 91.030 and hire its own attorney as a city council employee. A city council may not hire an attorney who employs a city council member unless the requirements of KRS 61.252 are met.

8. OAG 19-021 (Breathitt County)

A vacancy in the position of County Road Supervisor is not an "emergency" contemplated by KRS Chapters 39A-39F. A county may transfer funds from its general fund to its emergency fund with fiscal court approval.

9. OAG 19-022 (Nelson County)

County clerks must issue marriage licenses to inmates without requiring the inmates to apply in person.