The Office of the Kentucky Attorney General issued these 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-ORD-174 (McCracken County)

Paducah Independent School District violated the Open Records Act by requiring non-commercial requester to use a preprinted request form. Paducah Independent also violated the Act by failing to respond in writing to the request within three days.

2. 19-ORD-175 (Franklin County)

Kentucky State Police procedurally violated the Open Records Act by failing to make a timely disposition of an open records request and by failing to respond to most portions of the request; KSP substantively violated the Act by failing to explain why it did not possess a letter identified in its own report as an attachment. KSP did not substantively violate the Act where it did not possess records and the facts established no presumption to the contrary. This office makes no finding of violation as to an earlier request where receipt of request is disputed.

3. 19-ORD-176 (Morgan County)

Inmate's appeal of Eastern Kentucky Correctional Complex's denial of his open records was not mailed within twenty days of the denial and is thus time-barred pursuant to KRS 197.025(3). Office of the Attorney General cannot consider the late appeal.

4. 19-ORD-177 (Fayette County)

Fayette County Public Schools violated KRS 61.874(2)(a) by failing to adhere to a request for hard copies of responsive records. Absent proof that the requester received a timely written response, FCPS violated KRS 61.880(1) by failing to respond to the open records request.

5. 19-ORD-178 (Franklin County)

Office of the Governor ("Governor's Office") violated KRS 61.880(1) by failing to include a statement of the specific exception authorizing the withholding of records and a brief explanation of how the exception applied to the records withheld, but partially corrected the error on appeal. The Governor's Office failed to satisfy the burden of justifying the denial of the request per KRS 61.880(2)(c) by declining to provide responsive emails for in camera review.

6. 19-ORD-179 (Nelson County)

Bardstown City Schools did not violate Open Records Act where it did not have the subcontractor bids requested, which were not public records and were in sole possession of a private general contractor. Decision adopts 08-ORD-206.

7. 19-ORD-180 (Henderson County)

Henderson County Board of Education subverted intent of Open Records Act under KRS 61.880(4) by requiring noncommercial requester to use a notarized statement form certifying his noncommercial purpose; requester's typed name was sufficient to comply with signature requirement for an e-mailed request under KRS 61.872(2), and the Board lacked authority to impose additional requirements.