Tuesday, March 31, 2009

New attorney general's opinions on open records cases issued

The following Open Records Decisions were issued by the Office of the Attorney General March 23-26:

1. 09-ORD-052 (Woodford County)
Kentucky Community and Technical College System properly withheld copies of exams containing questions that might be reused, as well as interview notes made during investigation of a student grievance, since the notes had not been adopted as the basis of final agency action. The notes, however, might be accessible under FERPA.

2. 09-ORD-053 (Franklin County)
Department of Public Advocacy did not substantively violate the Open Records Act when it did not possess a copy of the requested toxicology report.

3. 09-ORD-054 (Harlan County)
City of Cumberland subverted the intent of the Open Records Act by disclaiming custody and control of employee timesheets while those timesheets were "boxed up for the auditor," and, consequently, failing to afford requester timely access to those records.

4. 09-ORD-055 (Woodford County)
Having reviewed the legal invoices in dispute, this office finds that Midway was justified in redacting information withheld on the basis of the attorney-client privilege codified at KRE 503, incorporated into the Act by operation of KRS 61.878(1)(l), as the remaining material reflects the general nature of the services provided and the associated fees. The city is not required to produce nonexistent records or "prove a negative" in order to refute a claim that certain records exist nor is City required to comply with a request for information, or compile a list or create a record for the purpose of satisfying a request.

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