The University of Kentucky's College of Communications and Information Sciences will hold a two-day session next month on Transparency and Open Access to Information that includes a panel on open government and another on open media.
"Open 2.0" will begin Oct. 19 with sessions on Open Geographies, Open Governmenet, Open Media and Open Libraries. The next will have panels on Open Entrepeneurship, Open Finances and Open Source. The main guest speaker on Oct. 20 will be Dr. Sean Gorman, founder and president of FortiusOne Inc., an Arlington, VA-based company "founded to change the way organizations visualize and analyze data for real-time problem solving," according to the company's website. The title of Gormans speech is "What the human sensor net can tell us about markets, society and disaster."
Details of the schedule and location of the conference can be found at http://cis.uky.edu/open.
Wednesday, September 8, 2010
Tuesday, September 7, 2010
Attorney general's office says 2 fiscal courts and a city commission violated open-meetings law
In decisions released today, the state attorney general’s office said the city of Danville and some county fiscal courts violated state open-government laws. The attorney general's opinions in open-meetings and open-records matters have the force of law unless overruled in court. The attorney general ruled that:
The Nelson County Fiscal Court failed to adequately describe the reason for a closed session June 22. The court had cited both pending and proposed litigation as reasons for closing the meeting. In an appeal filed by Kevin Brumley, the attorney’s office said the state Open Meetings Act requires more than simply a citation of the act and a general statement such as “litigation,” but said the standard was different for “pending litigation” than “proposed litigation” because timing is often crucial in deciding to file a lawsuit, while a pending lawsuit already was on open file at the courthouse. The former reason was insufficient, while the latter was sufficient.
The Rockcastle County Fiscal Court violated the Open Meetings Act by failing to give all the required notices before every special meeting held between Jan. 1, 2008 and May 28, 2010. The ruling came in an appeal filed by County Clerk Norma Houk, who complained that the court had held some 43 meetings in that period without properly notifying those the act requires to be notified. The law requires that 24 hours before the meeting, notice go to members of the court and news media, and that a notice be posted in a conspicuous place in the building where the meeting will be held. The fiscal court also failed to reply to Ms. Houk’s complaint as required by law, the ruling said.
The Milton City Commission in Trimble County violated the Open Meetings Act by failing to give proper notice of two meetings of a quorum of its members at which public business was discussed, failing to record minutes of these meetings, and failing to respond to an open meetings complaint alleging these violations. That ruling came in an appeal filed by Shannon Hoskins over meetings involving the hiring of Water and Sewer Department Supervisor Mark Bates.
In an open-records case, the City of Danville failed to respond to a request for records within the three days required by the Open Records Act, but since the precise records asked for by Clay Moore – “signed copies” of several municipal parking-garage lease agreements – could not be found, the unsigned copies it eventually furnished were sufficient.
The Nelson County Fiscal Court failed to adequately describe the reason for a closed session June 22. The court had cited both pending and proposed litigation as reasons for closing the meeting. In an appeal filed by Kevin Brumley, the attorney’s office said the state Open Meetings Act requires more than simply a citation of the act and a general statement such as “litigation,” but said the standard was different for “pending litigation” than “proposed litigation” because timing is often crucial in deciding to file a lawsuit, while a pending lawsuit already was on open file at the courthouse. The former reason was insufficient, while the latter was sufficient.
The Rockcastle County Fiscal Court violated the Open Meetings Act by failing to give all the required notices before every special meeting held between Jan. 1, 2008 and May 28, 2010. The ruling came in an appeal filed by County Clerk Norma Houk, who complained that the court had held some 43 meetings in that period without properly notifying those the act requires to be notified. The law requires that 24 hours before the meeting, notice go to members of the court and news media, and that a notice be posted in a conspicuous place in the building where the meeting will be held. The fiscal court also failed to reply to Ms. Houk’s complaint as required by law, the ruling said.
The Milton City Commission in Trimble County violated the Open Meetings Act by failing to give proper notice of two meetings of a quorum of its members at which public business was discussed, failing to record minutes of these meetings, and failing to respond to an open meetings complaint alleging these violations. That ruling came in an appeal filed by Shannon Hoskins over meetings involving the hiring of Water and Sewer Department Supervisor Mark Bates.
In an open-records case, the City of Danville failed to respond to a request for records within the three days required by the Open Records Act, but since the precise records asked for by Clay Moore – “signed copies” of several municipal parking-garage lease agreements – could not be found, the unsigned copies it eventually furnished were sufficient.
Wednesday, August 25, 2010
Whitley County police ordered to release information
The Whitley County Police Department violated the state Open Records Act by refusing the local newspaper's request for a copy of radio traffic and an incident report on a child injured by exploding fireworks, the attorney general's office has ruled.
The police cited both state law on the confidentiality of juvenile court records and the federal Health Insurance Portability and Accountability Act, which protects certain "health information" in refusing the request by Corbin News Journal reporter Dean Manning. But the attorney general's ruling said neither trumped the Open Records Act.
"We find its arguments largely unpersuasive," the opinion said. "The radio traffic and report ... are not juvenile court records." In addition, HIPAA contains a provision that specifically authorizes the release of information "required by law."
The opinion dismissed another justification cited by the police – that the mother of the child injured wanted "no media attention."
"We are reluctant to defer to her wishes in light of the absence of any facts supporting her claim," the opinion said.
Wednesday, July 21, 2010
UK researchers had no right to demand return of document distributed to focus group, AG rules
University of Kentucky researchers improperly refused to allow an audience member to keep material that had been handed out at a focus group session in Paducah, the state attorney general's office ruled last week.
The university was correct in refusing an open records request for the names of participants in a focus group conducted by the Kentucky Research Consortium for Energy and the Environment but did not have the right to insist on return of "visualizations" given out at a subsequent session, the decision said.
The consortium has been studying possible uses for the Paducah Gaseous Diffusion Plant, which enriches uranium. One member of the audience, Mark Donham, had refused to return a document he was given, a computerized "visualization" of the site as a nuclear power plant, one of the uses being considered. After an argument, university representatives threatened to call the police. Donham returned the material then filed an open records request.
The attorney general ruled that the researchers could legally refuse to identify the members of the focus group because they had been promised confidentiality, but there was no such promise regarding the handout materials. "Having afforded Mr. Donham the opportunity to inspect the visualizations, without enforceable restrictions on disclosure, he must be provided with copies of these records," the decision said.
The consortium has been studying possible uses for the Paducah Gaseous Diffusion Plant, which enriches uranium. One member of the audience, Mark Donham, had refused to return a document he was given, a computerized "visualization" of the site as a nuclear power plant, one of the uses being considered. After an argument, university representatives threatened to call the police. Donham returned the material then filed an open records request.
The attorney general ruled that the researchers could legally refuse to identify the members of the focus group because they had been promised confidentiality, but there was no such promise regarding the handout materials. "Having afforded Mr. Donham the opportunity to inspect the visualizations, without enforceable restrictions on disclosure, he must be provided with copies of these records," the decision said.
Friday, July 2, 2010
State police repeatedly violated Open Records Act, attorney general's office says
The Kentucky State Police "repeatedly violated" the state's Open Records Act in a disputed homicide case, the state attorney general's office has ruled. One of the state's top First Amendment lawyers called KSP's actions "ridiculous" and an example of the "habitual condition" of the state police in flouting the intent of the records law.
The ruling involved an open-records request filed in April 2009 by Russell and Sharon Loaring of Owenton. They are the court-appointed executors of the estate of Charlotte Burke of Owenton, who was killed in a January 2009 shooting that left Daniel Cobb wounded. Police concluded that Burke shot Cobb, then killed herself.
Cobb filed a damage suit against Burke's estate, engaging Commonwealth Attorney Jim Crawford of Carrollton, who maintains a private practice, as his lawyer. State police gave Baxter the case file, in what he called a "courtesy," and gave part of the file to another interested party, Glenna Smith, by the KSP. But when the Loarings asked the KSP for records involving the case, the agency refused their request, saying the case had not been closed. Repeated requests over the next year were also refused. The Loarings complained to the attorney general's office, which issued the ruling last week. A KSP colonel referred questions to the agency's legal office, which has not returned calls.
The agency has 30 days to appeal the attorney general's ruling to Franklin Circuit Court.
Louisville lawyer Jon Fleischaker, who largely wrote the state Open Records Act, said the KSP's conduct in this case was the latest example of the agency's attitude toward information requests. "This 'the investigation is not closed' stuff -- that's not what the law says," Fleischaker told the KOG Blog. "They've morphed the law." He said the law allows requests to be refused only if an informant would be identified or if disclosure would materially damage an ongoing investigation. He noted, as did the attorney general's opinion, that the law also clearly states that these exemptions "shall not be used ... to delay or impede the exercise of rights" to information by the public.
The attorney general's decision also faulted the state police for refusing to release pictures of the crime because they were "graphic" and constituted an invasion of privacy. The police offered "no proof, beyond a bare allegation, that the privacy interest of the surviving family outwieghed the public's interest in disclosure," the decision said.
"Their position is, 'We're not going to give you anything we don't want to'," Fleishacker said. "It's the habitual positon of the state police."
The attorney general's office said it could not immediately say how many times the state police have been cited for open-records violations, but offered to collect the information and respond later.
For a full text of the opinion, see Links of Interest at the bottom of the blog.
The ruling involved an open-records request filed in April 2009 by Russell and Sharon Loaring of Owenton. They are the court-appointed executors of the estate of Charlotte Burke of Owenton, who was killed in a January 2009 shooting that left Daniel Cobb wounded. Police concluded that Burke shot Cobb, then killed herself.
Cobb filed a damage suit against Burke's estate, engaging Commonwealth Attorney Jim Crawford of Carrollton, who maintains a private practice, as his lawyer. State police gave Baxter the case file, in what he called a "courtesy," and gave part of the file to another interested party, Glenna Smith, by the KSP. But when the Loarings asked the KSP for records involving the case, the agency refused their request, saying the case had not been closed. Repeated requests over the next year were also refused. The Loarings complained to the attorney general's office, which issued the ruling last week. A KSP colonel referred questions to the agency's legal office, which has not returned calls.
The agency has 30 days to appeal the attorney general's ruling to Franklin Circuit Court.
Louisville lawyer Jon Fleischaker, who largely wrote the state Open Records Act, said the KSP's conduct in this case was the latest example of the agency's attitude toward information requests. "This 'the investigation is not closed' stuff -- that's not what the law says," Fleischaker told the KOG Blog. "They've morphed the law." He said the law allows requests to be refused only if an informant would be identified or if disclosure would materially damage an ongoing investigation. He noted, as did the attorney general's opinion, that the law also clearly states that these exemptions "shall not be used ... to delay or impede the exercise of rights" to information by the public.
The attorney general's decision also faulted the state police for refusing to release pictures of the crime because they were "graphic" and constituted an invasion of privacy. The police offered "no proof, beyond a bare allegation, that the privacy interest of the surviving family outwieghed the public's interest in disclosure," the decision said.
"Their position is, 'We're not going to give you anything we don't want to'," Fleishacker said. "It's the habitual positon of the state police."
The attorney general's office said it could not immediately say how many times the state police have been cited for open-records violations, but offered to collect the information and respond later.
For a full text of the opinion, see Links of Interest at the bottom of the blog.
Saturday, June 12, 2010
New blog for Rockcastle County starts with open-government concerns
Issues of open government are the topic of the first post in a new blog for Rockcastle County, where a local water association has barred its customers from attending its board meetings "despite numerous protests by many of its water-user members," blogger Elmer Whitler writes on Rockcastle County News, which he says is "devoted to news and opinion on events and conditions important for improving life for all those who live in Rockcastle County." (Wikipedia map)
The KOG Blog reported on the Eastern Rockcastle Water Association about a year ago, when Attorney General Jack Conway ruled that the association was not covered by the state Open Records Act because it gets less than 25 percent of its annual revenue from the state, and is in no way subject to the Open Meetings Act. "Water users seeking admission to the monthly meetings of the ERWA board have been threatend with arrest and confronted by deputies and the Rockcastle County sheriff," Whitler writes. He notes that Kentucky has 22 non-profit water associations, which "are spending millions of taxpayer dollars they obtain through state and federal grants for water system development. There is little focused regulatory oversight in Frankfort of how these funds are spent."
Whitler is director of research for the Office of Rural Health Policy in the medical school at the University of Kentucky. His work is separate from his blog, but informs it. He writes, "The abuse of openness and the public's right to know is most prevalent in counties that are characterized as high-poverty, low-education, and low-job-opportunity counties. There is a long tradition in these counties of the use of negative forms of political manipulation and control over meager economic resources. It seems that high levels of poverty, illiteracy, and low civic participation are necessary for this form of destructive politics to thrive. This whole process is aided and abetted by keeping the local citizens ignorant of what is being done." Elmer Whitler is trying to change that in his community. Does your community face similar problems? What are you doing about them?
The KOG Blog reported on the Eastern Rockcastle Water Association about a year ago, when Attorney General Jack Conway ruled that the association was not covered by the state Open Records Act because it gets less than 25 percent of its annual revenue from the state, and is in no way subject to the Open Meetings Act. "Water users seeking admission to the monthly meetings of the ERWA board have been threatend with arrest and confronted by deputies and the Rockcastle County sheriff," Whitler writes. He notes that Kentucky has 22 non-profit water associations, which "are spending millions of taxpayer dollars they obtain through state and federal grants for water system development. There is little focused regulatory oversight in Frankfort of how these funds are spent."Whitler is director of research for the Office of Rural Health Policy in the medical school at the University of Kentucky. His work is separate from his blog, but informs it. He writes, "The abuse of openness and the public's right to know is most prevalent in counties that are characterized as high-poverty, low-education, and low-job-opportunity counties. There is a long tradition in these counties of the use of negative forms of political manipulation and control over meager economic resources. It seems that high levels of poverty, illiteracy, and low civic participation are necessary for this form of destructive politics to thrive. This whole process is aided and abetted by keeping the local citizens ignorant of what is being done." Elmer Whitler is trying to change that in his community. Does your community face similar problems? What are you doing about them?
Monday, May 31, 2010
Budgets under review by city councils are open records, AG rules; Midway lets decision stand
A proposed city budget submitted to members of the city council for review is a public document, according to the Kentucky attorney general. Members of the public and the media are entitled to review the document under the Kentucky Open Records Act before it is voted on by the city council. The ruling handed down May 20 reverses rulings of the office from 1996 and 2000.
The dispute began when Heather Rous, a University of Kentucky journalism student who has since graduated, and UK journalism professor Al Cross submitted on April 13 a request to the mayor of Midway for a copy of his proposed budget, which he had submitted to members of the Finance and City Property Committee of the Midway City Council. Students in Cross' advanced reporting class cover the Midway City Council and post stories on the Midway Messenger blog at http://midwayky.blogspot.com/.
Mayor Tom Bozarth declined the request, saying the budget was a preliminary document and therefore exempt from public disclosure. Kentucky Citizens for Open Government appealed the denial, and the attorney general's office ruled a proposed budget is not a preliminary document.
"The proposed budget must be made accessible to the public when it is submitted to the City Council pursuant to KRS 91A.030(7) because it constitutes statutorily required final action of a public agency, in this case, the Mayor of the City of Midway. At this juncture, the budget forfeits the preliminary character it enjoyed while it was in preparation and is no longer a draft. The 'need for governmental confidentiality' accorded the proposed budget prior to submission to the Council must yield to the public’s right to know," the attorney general ruled.
The city has 30 days to file an appeal in Woodford Circuit Court. UPDATE, June 10: Bozarth told the Midway Messenger that the city will not appeal. That clears the way for the decision to be used in similar situations involving other Kentucky cities.
The dispute began when Heather Rous, a University of Kentucky journalism student who has since graduated, and UK journalism professor Al Cross submitted on April 13 a request to the mayor of Midway for a copy of his proposed budget, which he had submitted to members of the Finance and City Property Committee of the Midway City Council. Students in Cross' advanced reporting class cover the Midway City Council and post stories on the Midway Messenger blog at http://midwayky.blogspot.com/.
Mayor Tom Bozarth declined the request, saying the budget was a preliminary document and therefore exempt from public disclosure. Kentucky Citizens for Open Government appealed the denial, and the attorney general's office ruled a proposed budget is not a preliminary document.
"The proposed budget must be made accessible to the public when it is submitted to the City Council pursuant to KRS 91A.030(7) because it constitutes statutorily required final action of a public agency, in this case, the Mayor of the City of Midway. At this juncture, the budget forfeits the preliminary character it enjoyed while it was in preparation and is no longer a draft. The 'need for governmental confidentiality' accorded the proposed budget prior to submission to the Council must yield to the public’s right to know," the attorney general ruled.
The city has 30 days to file an appeal in Woodford Circuit Court. UPDATE, June 10: Bozarth told the Midway Messenger that the city will not appeal. That clears the way for the decision to be used in similar situations involving other Kentucky cities.
Sunday, May 23, 2010
Judge tells Hopkinsville police to release police records on threats made in city
A circuit court judge has ruled that Hopkinsville officials improperly withheld reports from the Kentucky New Era last year. The mayor told the newspaper the city might appeal the ruling because it could set a bad precedent, but if the Court of Appeals upheld the decision that would give it statewide impact.
The New Era asked Hopkinsville police in September for all reports referencing threats made in Hopkinsville during an eight-month period. "City Clerk Crissy Upton provided more than 400 reports, but withheld others, saying they either involved juveniles or were under investigation," Kevin Hoffman writes for the Hopkinsville daily. The newspaper appealed the denial, and Attorney General Jack Conway ruled all the records should be released. The city appealed, and Circuit Judge Andrew Self ruled for the newspaper, holding the city hadn't shown why one or more exemptions in the Open Records Act applied.
Self wrote that the city's response was “thoughtful based on its interpretation of applicable law,” but refusing to release some reports and redacting identifying information such as race and gender violated the law. “The records requested by the New Era were reasonable, appropriate and consistent with its function as a member of the news media to inform the public of the operations of local government,” Self wrote. “If there is a dispute about which records should be released or withheld, it is incumbent upon the public agency to prove in circuit court why a particular exemption applies. To allow otherwise would be akin to the proverbial fox guarding the hen house.”
New Era Editor Jennifer P. Brown said the law makes public “reports completed by police agencies . . . including arrest citations and the initial incident report that is filed when a citizen calls police to report a crime. . . . If a police agency is allowed to withhold the very proof of its work in the way the city of Hopkinsville wants to withhold these records, it becomes impossible for news agencies and private citizens to understand the types of crimes committed in a community and how police are responding to those crimes. Collectively, police reports offer valuable information about trends and patterns in crime. That information should be available to the public.” (Read more)
The New Era asked Hopkinsville police in September for all reports referencing threats made in Hopkinsville during an eight-month period. "City Clerk Crissy Upton provided more than 400 reports, but withheld others, saying they either involved juveniles or were under investigation," Kevin Hoffman writes for the Hopkinsville daily. The newspaper appealed the denial, and Attorney General Jack Conway ruled all the records should be released. The city appealed, and Circuit Judge Andrew Self ruled for the newspaper, holding the city hadn't shown why one or more exemptions in the Open Records Act applied.
Self wrote that the city's response was “thoughtful based on its interpretation of applicable law,” but refusing to release some reports and redacting identifying information such as race and gender violated the law. “The records requested by the New Era were reasonable, appropriate and consistent with its function as a member of the news media to inform the public of the operations of local government,” Self wrote. “If there is a dispute about which records should be released or withheld, it is incumbent upon the public agency to prove in circuit court why a particular exemption applies. To allow otherwise would be akin to the proverbial fox guarding the hen house.”
New Era Editor Jennifer P. Brown said the law makes public “reports completed by police agencies . . . including arrest citations and the initial incident report that is filed when a citizen calls police to report a crime. . . . If a police agency is allowed to withhold the very proof of its work in the way the city of Hopkinsville wants to withhold these records, it becomes impossible for news agencies and private citizens to understand the types of crimes committed in a community and how police are responding to those crimes. Collectively, police reports offer valuable information about trends and patterns in crime. That information should be available to the public.” (Read more)
Saturday, May 8, 2010
National group offers money to support lawsuits that advance freedom of information
The National Freedom of Information Coalition has received a $180,000 grant to support freedom of information litigation, NFOIC Executive Director Charles Davis said today at the group's annual meeting in Arlington, Va.
Davis said the NFOIC had already used some of the money, from the John S. and James L. Knight Foundation, to support lawsuits in several states. He said the grants were for up to $5,000 for "up-front costs" such as depositions, filing fees and witnesses. Davis said the terms of the grant does not allow payment of attorney's fees, but the guarantee that such expenses will be paid had already encouraged law firms to offer free attorney time. "As long as they're sure they won't be dipping into their wallets to pay fees, a lot of firms are more willing to offer attorneys," Davis said, adding that two suits were settled as soon as the defendants found out about the grants.
The funds are intended to help small, local newspapers and citizens' groups that can't afford to file such lawsuits, Davis said. Grant applications must be made through state groups, such as Kentucky Citizens for Open Government, and NFOIC says it will process them within days.
Judge orders state to release records on death of baby that died at meth lab while in state custody
A Franklin Circuit Court judge has ruled that records on a baby who died after drinking drain cleaner should be open to the public.
Judge Philip Shepherd said there is no reason why records on 20-month-old Kayden Daniels, who died May 30 at an alleged methamphetamine lab, should not be released. The baby's father, Bryan Daniels, has been charged with murder and making meth. Both the child and his 14-year-old mother, Alisha Branham, had been placed in the state foster-care program for abused and neglected children.
The records were requested by the Lexington Herald-Leader and The Courier-Journal, but the request was denied by the state Cabinet for Health and Family Services. The newspapers appealed, and the state attorney general's office upheld the cabinet's decision. Both agencies were wrong, the judge said.
"While it should go without saying, it perhaps must be spelled out in the context of this case: It is not unwarranted for the public, and the press, to want to know what happened when a 20-month-old child in the care and legal custody of the Commonwealth of Kentucky winds up dead after drinking toxic substances in a meth lab," Shepherd said in his ruling.
The judge also said that the state cabinet has a culture that "seeks to avoid public scrutiny." But such secrecy leads to covering up problems, not fixing them, he said. A full text of the ruling can be found at media.kentucky.com/smedia/2010/05/04/13/kaydendanielsruling.source.prod_affiliate.79.pdf.
Judge Philip Shepherd said there is no reason why records on 20-month-old Kayden Daniels, who died May 30 at an alleged methamphetamine lab, should not be released. The baby's father, Bryan Daniels, has been charged with murder and making meth. Both the child and his 14-year-old mother, Alisha Branham, had been placed in the state foster-care program for abused and neglected children.
The records were requested by the Lexington Herald-Leader and The Courier-Journal, but the request was denied by the state Cabinet for Health and Family Services. The newspapers appealed, and the state attorney general's office upheld the cabinet's decision. Both agencies were wrong, the judge said.
"While it should go without saying, it perhaps must be spelled out in the context of this case: It is not unwarranted for the public, and the press, to want to know what happened when a 20-month-old child in the care and legal custody of the Commonwealth of Kentucky winds up dead after drinking toxic substances in a meth lab," Shepherd said in his ruling.
The judge also said that the state cabinet has a culture that "seeks to avoid public scrutiny." But such secrecy leads to covering up problems, not fixing them, he said. A full text of the ruling can be found at media.kentucky.com/smedia/2010/05/04/13/kaydendanielsruling.source.prod_affiliate.79.pdf.
Monday, May 3, 2010
Attorney general says Whitley County sheriff must reply to records request from newspaper
The state attorney general's office has ruled that Whitley County Sheriff Lawrence Hodge violated the state open-records law by refusing to respond to a request for a list of auxiliary deputies from the Times-Tribune of Corbin. But the paper's editor, Samantha Swindler, says that as far as she can tell, no list has ever been maintained.
The attorney general's opinion came after Hodge failed to respond to Swindler's request, which had been based on an assault case involving a man claiming to be an auxiliary deputy. Hodge told the state office that the list could be found in the county clerk's office. But Swindler says the clerk has told her that, even though such deputies must be sworn in by a county judge, the clerk was never given any information about anyone being sworn in.
Swindler says the county sheriff's office refuses to talk to anyone from her daily newspaper. The federal Bureau of Alcohol, Tobacco and Firearms is investigating the reported theft of guns, drugs and other evidence from the sheriff's office. The newspaper has published several reports on that and other irregularities involving the sheriff's office, including shortfalls in its budget.
The attorney general's opinion noted that while state law regulates the appointment of special deputies, auxiliary deputies are not mentioned. Nonetheless, the sheriff's failure to respond to Swindler was "legally deficient." For a complete text of the ruling, see Links of Interest at the bottom of the KOG Blog.
Thursday, April 22, 2010
KPA appeals over denial of Midway budget
The Kentucky Press Association has appealed to the state Attorney General's office the refusal of Midway Mayor Tom Bozarth to release copies of the city's proposed budget for the next fiscal year.
The Midway City Council is scheduled to discuss the budget proposal on Monday. The Midway Messenger had asked in writing for a copy after Bozarth gave it to council members. Bozarth refused, saying the budget was "purely preliminary" and wouldn't be released until the council has finalized it. The Messenger is a blog and website run by Professor Al Cross at the University of Kentucky's Institute for Rural Journalism and Community Issues as an outlet for stories written by students in his community journalism classes.
In its appeal, the KPA argued that exemptions to the Kentucky Open Records Act relating to drafts and recommendations were limited.
"Our position is that it ceases to fit that phrase ("preliminary") once it is distributed to and discussed by members of a public agency at a public meeting. After all, a budget is the basic policy document for a government," the KPA said.
Midway is located in northern Woodford County, halfway between Lexington and Frankfort. For the Messenger story and a link to the appeal, go here.
Wednesday, April 14, 2010
Beshear signs superintendent-secrecy bill
Gov. Steve Beshear yesterday signed into law Senate Bill 178, which will allow school boards to deliver evaluations of superintendents behind closed doors. Opponents of the bill had asked Beshear to veto it. The law, which takes effect July 14, will reverse recent court decisions. See previous coverage below.
Tuesday, April 13, 2010
Kentucky ranked most transparent state for online government spending records
A new report, rating each state's use of online databases to give the public information about government spending, lists Kentucky as the only state getting an "A" grade. The report from the U.S. Public Interest Research Group, a long-established government watchdog, "evaluates states’ progress toward 'Transparency 2.0' – a new standard of comprehensive, one-stop, one-click budget accountability and accessibility," it says in a news release. The report reveals at least 32 states "currently mandate that residents be able to access an online database of government expenditures with 'checkbook-level' detail."
Kentucky led all states with a grade of 97 percent. The next closest was Ohio at 84. Kentucky's Web site only lost points for not linking funding related to the federal stimulus act and for not including financial information for local and county budgets. "Openness in government has been a top priority of this administration, and it is gratifying that our extensive efforts have not only received notice, but have been ranked the best in the nation," Gov. Steve Beshear said in a statement. "As we face an unprecedented $1.5 billion shortfall over the next biennium, it is more important than ever for government to be transparent and accountable, and for citizens to feel confident that their tax dollars are being used efficiently and responsibly. I’m proud of the efforts we have made, along with the bipartisan support of all of the state’s executive-branch constitutional officers and Kentucky’s judicial branch, to put our checkbooks online for public view in a comprehensive and user-friendly manner." The legislature, also divided between the parties, is likewise moving to put its records in the system. (Read more)
Kentucky led all states with a grade of 97 percent. The next closest was Ohio at 84. Kentucky's Web site only lost points for not linking funding related to the federal stimulus act and for not including financial information for local and county budgets. "Openness in government has been a top priority of this administration, and it is gratifying that our extensive efforts have not only received notice, but have been ranked the best in the nation," Gov. Steve Beshear said in a statement. "As we face an unprecedented $1.5 billion shortfall over the next biennium, it is more important than ever for government to be transparent and accountable, and for citizens to feel confident that their tax dollars are being used efficiently and responsibly. I’m proud of the efforts we have made, along with the bipartisan support of all of the state’s executive-branch constitutional officers and Kentucky’s judicial branch, to put our checkbooks online for public view in a comprehensive and user-friendly manner." The legislature, also divided between the parties, is likewise moving to put its records in the system. (Read more)
Tuesday, March 30, 2010
Legislature sends Beshear bill to allow superintendents to be evaluated in secret
Only Gov. Steve Beshear stands between the law books and legislation that would allow Kentucky school boards to evaluate superintendents in secret. The state Senate unanimously gave final passage yesterday to the House-amended version of Senate Bill 178. Now Beshear can veto it, sign it into law or allow it to become law without his signature.
"Beshear spokeswoman Kerri Richardson said the governor would carefully review the bill," The Courier-Journal reports. "It requires that final evaluations be discussed and voted on in public. School boards also would have the option of holding the preliminary sessions in public." The bill would reverse recent court rulings based on the state Open Meetings Act, which allows public agencies to discuss personnel matters in secret only if the discussion "might lead to" the hiring, discipline or dismissal of an employee or student.
Louisville lawyer Jon Fleischaker, chief author of the law and attorney for the Kentucky Press Association, told The Courier-Journal, “I think it’s bad for the commonwealth. It’s been the law for … 35 years that these kinds of things would be done openly.” (Read more)
In an op-ed distributed to Kentucky newspapers, Mike Farrell, director of the Scripps Howard First Amendment Center at the University of Kentucky, writes "Kentuckians ought to be asking their state legislators why they are more concerned with protecting school board members and superintendents than watching out for the rights and interests of taxpayers."
On its opinion page, The State Journal of Frankfort has a strong editorial and cartoon, but the online version is available only to subscribers. "This bill is a big step backward for the open conduct of public business," the editorial says. "Boards and superintendents should simply get used to the inconvenience of honesty in public places."
Susie Laun of The Advocate-Messenger in Danville has a story in which several school officials in the area say the legislation "will allow evaluations to go back to what boards used to do." They argue it would make the evaluations more thorough, comfortable and productive.
"Beshear spokeswoman Kerri Richardson said the governor would carefully review the bill," The Courier-Journal reports. "It requires that final evaluations be discussed and voted on in public. School boards also would have the option of holding the preliminary sessions in public." The bill would reverse recent court rulings based on the state Open Meetings Act, which allows public agencies to discuss personnel matters in secret only if the discussion "might lead to" the hiring, discipline or dismissal of an employee or student.
Louisville lawyer Jon Fleischaker, chief author of the law and attorney for the Kentucky Press Association, told The Courier-Journal, “I think it’s bad for the commonwealth. It’s been the law for … 35 years that these kinds of things would be done openly.” (Read more)
In an op-ed distributed to Kentucky newspapers, Mike Farrell, director of the Scripps Howard First Amendment Center at the University of Kentucky, writes "Kentuckians ought to be asking their state legislators why they are more concerned with protecting school board members and superintendents than watching out for the rights and interests of taxpayers."
On its opinion page, The State Journal of Frankfort has a strong editorial and cartoon, but the online version is available only to subscribers. "This bill is a big step backward for the open conduct of public business," the editorial says. "Boards and superintendents should simply get used to the inconvenience of honesty in public places."
Susie Laun of The Advocate-Messenger in Danville has a story in which several school officials in the area say the legislation "will allow evaluations to go back to what boards used to do." They argue it would make the evaluations more thorough, comfortable and productive.
Friday, March 26, 2010
Good government measure finally moves ahead
A dispute between the two houses of the Kentucky General Assembly apparently has been settled, paving the way for passage of legislation that will require two state government associations to open their operations to the public.
The House of Representatives on Friday approved language that would make the Kentucky League of Cities and the Kentucky Association of Counties subject to open records and open meetings laws, give their boards a code of ethics and allow the state auditor to review their books, according to the Lexington Herald-Leader. The bill also would require the organizations to post their expenditures online and adopt policies on pay and bids.
Passage was delayed by wrangling between the two houses. Similar bills were introduced by Sen. Damon Thayer, R-Georgetown, and Rep. Arnold Simpson, D-Covington. Simpson told the Lexington Herald-Leader that state Auditor Crit Luallen had suggested most of the provisions of the legislation. Each house had passed a version of the bill, but then the process stalled. The House passed a version 94-0 on Friday, and the Senate is expected to go along.
Reporting by the newspaper during the past year uncovered extravagant spending by officials of the two agencies. The revelations led to the resignations of both executive directors, scathing audit reports by Luallen, and calls for reform by legislators and local officials.
The League of Cities and Association of Counties are funded by dues and insurance premiums paid by local governments. The bill would make clear that such groups are subject to open records and open meetings laws, with certain exceptions for their insurance businesses.
(Read more)
The House of Representatives on Friday approved language that would make the Kentucky League of Cities and the Kentucky Association of Counties subject to open records and open meetings laws, give their boards a code of ethics and allow the state auditor to review their books, according to the Lexington Herald-Leader. The bill also would require the organizations to post their expenditures online and adopt policies on pay and bids.
Passage was delayed by wrangling between the two houses. Similar bills were introduced by Sen. Damon Thayer, R-Georgetown, and Rep. Arnold Simpson, D-Covington. Simpson told the Lexington Herald-Leader that state Auditor Crit Luallen had suggested most of the provisions of the legislation. Each house had passed a version of the bill, but then the process stalled. The House passed a version 94-0 on Friday, and the Senate is expected to go along.
Reporting by the newspaper during the past year uncovered extravagant spending by officials of the two agencies. The revelations led to the resignations of both executive directors, scathing audit reports by Luallen, and calls for reform by legislators and local officials.
The League of Cities and Association of Counties are funded by dues and insurance premiums paid by local governments. The bill would make clear that such groups are subject to open records and open meetings laws, with certain exceptions for their insurance businesses.
(Read more)
Thursday, March 25, 2010
Bill would allow school boards to evaluate superintendents in closed meetings
School boards could evaluate superintendents behind closed doors, under a bill the Kentucky House approved today 67-29. Senate Bill 178 amends KRS 156.557 to require "any preliminary discussions relating to the evaluation of the superintendent by the board or between the board and the superintendent prior to the summative evaluation shall be conducted in closed session." Evaluations would still be presented in an open meeting. The bill, which goes back to the Senate for approval of an unrelated amendment, would reverse recent attorney-general and court decisions.
During the House Education Committee meeting Tuesday, Sara Call, a member of the Frankfort Independent Board of Education, testified her board had twice held closed-door evaluations with the superintendent, which was a violation of current state law, and said superintendent evaluation needed to be conducted in a closed meeting to allow for 'frank, honest and sometimes painful' conversations. "It’s sometimes difficult to be totally honest in front of the press," she told the committee, Stephenie Steitzer of The Courier-Journal reported.
The Kentucky Press Association has voiced strong disapproval of the bill, arguing the evaluation process of the highest-ranking school system employee should be done in open. "We strongly, strongly recommend that you do not pass this bill," Ashley Pack, general counsel for KPA, told the committee.
During the House Education Committee meeting Tuesday, Sara Call, a member of the Frankfort Independent Board of Education, testified her board had twice held closed-door evaluations with the superintendent, which was a violation of current state law, and said superintendent evaluation needed to be conducted in a closed meeting to allow for 'frank, honest and sometimes painful' conversations. "It’s sometimes difficult to be totally honest in front of the press," she told the committee, Stephenie Steitzer of The Courier-Journal reported.
The Kentucky Press Association has voiced strong disapproval of the bill, arguing the evaluation process of the highest-ranking school system employee should be done in open. "We strongly, strongly recommend that you do not pass this bill," Ashley Pack, general counsel for KPA, told the committee.
Applications for business licenses ruled public
The state Court of Appeals has ruled that the Kenton County Fiscal Court violated the Open Records Act when it denied a records request from The Kentucky Enquirer.
In a March 12 decision, the court said the fiscal court interpreted a section of the law too broadly when it denied the newspaper access to an occupational-license application for a restaurant in Crescent Springs. In Kenton County Fiscal Court v. Kentucky Enquirer, 2010 WL 890012 (Ky.App.), the court adopted the reasoning in a line of opinions of the state attorney general's office recognizing that "it is in the public interest to know what businesses and professions have been licensed to exist and operate within the boundaries of the governmental unit."
The court concluded that "it is incumbent on Kenton County to disclose any and all information appearing upon the application as it relates to what professions or businesses are licensed to operate and which does not reveal the affairs of any person or affairs of the business, and to redact the information which does."
Enquirer reporter Jim Hannah asked Oct. 17, 2007, for a copy of the application of Empire Buffet, and the county denied it. The attorney feneral ruled that December that the county's position "reflects a fundamental misconception that records are presumed to be closed unless expressly declared by the legislature or the courts to be open, indeed, that the public has the burden of proving that a record is open," and that the fiscal court was interpreting the law too broadly so "as to authorize blanket nondisclosure of applications for business licenses." That ruling was upheld in Kenton Circuit Court and now by the Court of Appeals.
In a March 12 decision, the court said the fiscal court interpreted a section of the law too broadly when it denied the newspaper access to an occupational-license application for a restaurant in Crescent Springs. In Kenton County Fiscal Court v. Kentucky Enquirer, 2010 WL 890012 (Ky.App.), the court adopted the reasoning in a line of opinions of the state attorney general's office recognizing that "it is in the public interest to know what businesses and professions have been licensed to exist and operate within the boundaries of the governmental unit."
The court concluded that "it is incumbent on Kenton County to disclose any and all information appearing upon the application as it relates to what professions or businesses are licensed to operate and which does not reveal the affairs of any person or affairs of the business, and to redact the information which does."
Enquirer reporter Jim Hannah asked Oct. 17, 2007, for a copy of the application of Empire Buffet, and the county denied it. The attorney feneral ruled that December that the county's position "reflects a fundamental misconception that records are presumed to be closed unless expressly declared by the legislature or the courts to be open, indeed, that the public has the burden of proving that a record is open," and that the fiscal court was interpreting the law too broadly so "as to authorize blanket nondisclosure of applications for business licenses." That ruling was upheld in Kenton Circuit Court and now by the Court of Appeals.
Wednesday, March 17, 2010
Butler County appeals open-meetings decision
The Butler County Fiscal Court has voted to appeal an open-meetings decision of the attorney general to Butler Circuit Court, according to the Bowling Green Daily News. The decision is 10-OMD-043, issued March 3.
The attorney general's office agreed with Robert D. Cron, a candidate for county judge-executive, that magistrates of the fiscal court violated the state Open Meetings Law by meeting with the county sheriff with less than a quorum to discuss the budget for his office. The attorney general said this violated a section of the Open Meetings Act written to prohibit just such meetings. These closed-door series of secret meetings deprived the public of any information that was discussed regarding policy, operations, salaries, new hirings or a host of other issues related to the operated of the sheriff's department.
In ruling against the fiscal court, the attorney general's office said everyone in the county has a compelling interest in ensuring that the sheriff has enough money to enforce the law countywide, and:
The law states, "Any series of less than quorum meetings, where the members attending one (1) or more of the meetings collectively constitute at least a quorum of the members of the public agency and where the meetings are held for the purpose of avoiding the requirements of subsection (1) of this section," which provides that “All meetings of a quorum of the members of any public agency at which any public business is discussed or at which any action is taken by the agency, shall be public meetings, open to the public at all times."
The Bowling Green newspaper said in an editorial, "Elected officials in Butler County should back down on this appeal. It is clear they were holding secret meetings. They should also remember they work for their constituents, the taxpayers who pay their salaries, and it is not only appropriate to hold open meetings so they can follow the business of the county, it is the law."
UPDATE, April 9: The appeal has been filed, as a lawsuit against Cron, who is being defended by Louisville lawyer Jon Fleischaker, chief author of the open meetings law, Andrew Thomason reports for the Daily News.
The attorney general's office agreed with Robert D. Cron, a candidate for county judge-executive, that magistrates of the fiscal court violated the state Open Meetings Law by meeting with the county sheriff with less than a quorum to discuss the budget for his office. The attorney general said this violated a section of the Open Meetings Act written to prohibit just such meetings. These closed-door series of secret meetings deprived the public of any information that was discussed regarding policy, operations, salaries, new hirings or a host of other issues related to the operated of the sheriff's department.
In ruling against the fiscal court, the attorney general's office said everyone in the county has a compelling interest in ensuring that the sheriff has enough money to enforce the law countywide, and:
Contrary to the Fiscal Court’s view, the purpose of the Open Meetings Act is not only to prohibit decision makers from making decisions that affect the entire community "in ‘back rooms’ outside the eye of the public," but also "to prevent the decision makers from having discussions of public issues” critical to the broad public interest outside the eye of the public."This is not the first time the Butler County Fiscal Court has disregarded its obligation to the law and to the citizens of the county by holding secret meetings. A year ago, the attorney general found that the fiscal court's finance committee had violated the open meetings law by not giving public notice of those meetings. A citizen also said a series of meetings had been held to avoid a public meeting. That is opinion 09-OMD-014, issued Jan. 26, 2009.
The law states, "Any series of less than quorum meetings, where the members attending one (1) or more of the meetings collectively constitute at least a quorum of the members of the public agency and where the meetings are held for the purpose of avoiding the requirements of subsection (1) of this section," which provides that “All meetings of a quorum of the members of any public agency at which any public business is discussed or at which any action is taken by the agency, shall be public meetings, open to the public at all times."
The Bowling Green newspaper said in an editorial, "Elected officials in Butler County should back down on this appeal. It is clear they were holding secret meetings. They should also remember they work for their constituents, the taxpayers who pay their salaries, and it is not only appropriate to hold open meetings so they can follow the business of the county, it is the law."
UPDATE, April 9: The appeal has been filed, as a lawsuit against Cron, who is being defended by Louisville lawyer Jon Fleischaker, chief author of the open meetings law, Andrew Thomason reports for the Daily News.
Tuesday, March 2, 2010
Louisville SPJ hosting session on freedom-of-information issues; register by March 10
The Louisville Professional Chapter of the Society of Professional Journalists is hosting a half-day session on the Freedom of Information Act and related issues Saturday, March 13. The event, in partnership with the Institute for Media, Culture and Ethics at Bellarmine University, will be held at Bellarmine's Brown Activity Center from 9 a.m. to noon.
First amendment attorneys Richard Goehler and Monica Dias will present three sessions, according to the SPJ press release. The first will focus on FOIA and open records issues; the second will examine legal issues facing bloggers and other Internet users; and the third will look at recent court decisions on tweeting and blogging inside the courtroom.
The seminar is free for students, $10 for SPJ members and $15 for others. Participants must register by Wednesday, March 10 by contacting Robyn Davis Sekula at robynsekula@sbcglobal.net, or by calling 812-981-8223.
First amendment attorneys Richard Goehler and Monica Dias will present three sessions, according to the SPJ press release. The first will focus on FOIA and open records issues; the second will examine legal issues facing bloggers and other Internet users; and the third will look at recent court decisions on tweeting and blogging inside the courtroom.
The seminar is free for students, $10 for SPJ members and $15 for others. Participants must register by Wednesday, March 10 by contacting Robyn Davis Sekula at robynsekula@sbcglobal.net, or by calling 812-981-8223.
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