The Office of the Kentucky Attorney General issued these Open Records/Open Meetings Decisions last week. The summaries are provided here. The full text in each case is not yet available on the Attorney General's website.

1. 19-OMD-231

Gallatin County Planning Commission violated the Open Meetings Act by failing to include agenda in notice of special meeting, failing to post notice in conspicuous location, and failing to respond to an open meetings complaint.

2. 19-ORD-232 (Franklin County)

The Education Professional Standards Board ("EPSB") did not violate the Open Records Act in denying a request for a copy of an audio recording of a public hearing that was not a "public record" under KRS 61.870(2) because it was not "prepared, owned, used, in the possession of or retained by" the agency. Rather, a court reporter made the recording at her own initiative and expense to assist in preparing a written transcript of the hearing. She did not maintain the recording at the instance of EPSB or its custodian. EPSB's initial response procedurally violated KRS 61.880(1) for failing to state, unequivocally, that no recording existed in the possession or control of the agency, but EPSB cured this deficiency.

3. 19-ORD-233 (Graves County)

Graves County Judge/Executive violated the Open Records Act by failing to respond to open records requests emailed to him and by failing to state whether requested records existed.

4. 19-ORD-234 (Lyon County)

Western Kentucky Correctional Complex ("WKCC") cannot produce nonexistent records, namely, specified medical records, nor does WKCC have to "prove a negative" to refute an unsubstantiated claim that such records exist. Disputes relating to discrepancies between the records provided and those sought are not justiciable in this forum. WKCC discharged its duty under the Open Records Act in conducting a reasonable search for the records in dispute, providing the requester with all existing responsive documents, and explaining the lack of additional documents.