The Office of the Kentucky Attorney General released 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 the link:
1. 20-ORD-048 (Bell County)
Bell County Forestry Camp ("BCFC") initially omitted responsive records, but corrected the error on appeal. BCFC's initial response violated KRS 61.880(1) by failing to explain the nonexistence of records relating to certifications of assessment and medical inquiries, but it was corrected on appeal. BCFC properly denied requests for information.
2. 20-ORD-049 (Bullitt County)
The Office of the Bullitt County Judge/Executive ("the Judge/Executive") violated the Open Records Act ("the Act") by failing to make records available for inspection within three business days and failing to meet its burden of proof that some records were not maintained in an electronic format. If some responsive records are maintained in an electronic format, the Judge/Executive must make those records available to Appellant in an electronic form.
3. 20-ORD-050 (Muhlenberg County)
Although this appeal was brought to challenge redactions made in response to a request for records under the Open Records Act (the "Act"), Green River Correctional Complex (the "Complex") provided a requester unredacted copies of requested incident reports, which rendered that portion of this appeal moot under 40 KAR 1:030 §6. The Complex violated KRS 61.880(1) by failing to identify two responsive records and by failing to state a statutory basis for withholding those records. That omission was corrected on appeal.
