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And yet again, the open records law might prove a powerful weapon in unraveling the latest mystery at the highest levels of state government.

As a public agency employee, Southworth has an absolute statutory right of access to *any* public record — "including preliminary and other supporting documentation" — that "relates to [her]." KRS 61.878(3) invests her with this right.

The *only* exceptions to the well established statutory right are for public employee requests for "examinations" and for employees who are the subject of an ongoing investigation. Neither exception is implicated here.

Southworth should immediately submit a request to inspect all communications, in electronic or hard copy format, and transmitted on publicly issued devices/accounts or private devices/accounts, to or from officials/employees of the Office of the Governor, the Finance and Administration Cabinet, and the Personnel Cabinet, for the past six months, relating to her, including but not limited to, her job performance and/or termination from public employment.

("Inspect" rather than obtain copies by mail since she cannot precisely describe the records she seeks; and "six months" to avoid the characterization of her request as "overly burdensome." If that period yields no records — which is highly unlikely — she can ask for the same records for the previous six month period.)

She should submit the request to each agency (Governor's Office, Finance, and Personnel).

And she should have the agencies' final response (including the requested records) in three business days. No redactions of any kind permitted.

The statute is clear. KRS 61.878(3) gives her the absolute right to any record that "relates" to her. And it applies to "former" public employee as well. See, for example:

https://ag.ky.gov/orom/19971/97ORD087.htm

If the agencies deny, delay, obfuscate, or obstruct in the courts, they should face imposition of penalties, attorneys' fees, and costs. We may even be looking at a case that would call for the imposition of fines and, dare we say it, jail time under KRS 61.991(2)(a) since the open records law is abundantly clear on this point.

This is not the Star Chamber.

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