The Office of the Kentucky Attorney General issued these Opinions and Open Records/Open Meetings Decisions from last week. The summaries are provided here. To read the full text in each case, go to the link: https://ag.ky.gov/orom/Pages/2019-OROM.aspx

1. 19-ORD-171 (Metcalf County)

Metcalfe County Judge/Executive did not violate the Open Records Act where no statute requires creation of the record requested; no objective facts exist that indicate responsive records ever existed; and Judge/Executive affirmatively advised requester that no responsive records exist.

2. 19-ORD-172 (Oldham County)

Roederer Correctional Complex did not violate the Open Records Act in denying inmate's request for a copy of a photograph of himself that he sent to a named individual from his JPay e-mail account because RCC demonstrated on appeal that disclosure would constitute a legitimate security threat. Accordingly, this office affirms the agency's denial of the request per KRS 197.025(1), incorporated into the Open Records Act by KRS 61.878(1)(l).

3. 19-ORD-173 (Franklin County)

Franklin County Regional Jail did not violate Open Records Act by not providing nonexistent records. In view of conflicting evidence as to when appellant's request for public records was received by records custodian, the Attorney General cannot conclusively resolve the issue of whether response was timely, and therefore finds no violation.

4. OAG 19-019 (Kenton County)

Pursuant to the plain language of KRS 91A.070(1)(b), a city that elects to have all city ad valorem taxes collected by the county sheriff may have its delinquent taxes sold to third parties in the same manner as counties under KRS Chapter 134.