The Courier Journal announced today that Governor Andy Beshear has settled several open records cases with the newspaper and National Public Media.

In each case, Andy Beshear — as Attorney General — ruled that executive branch agencies in the administration of Governor Matt Bevin violated the open records law in withholding the disputed records.

No attorney general has directly ascended to the Governor's office since the attorney general was statutorily assigned the role of open records and meetings dispute mediator.

There is, therefore, no precedent for today's action.

But in each of the cases settled by Governor Beshear's administration, AG Beshear properly sided with The Courier/National Public Media in statutorily mandated open records decisions. The disputes centered on access to records identifying shareholders in Braidy Industries and records involving allegations of sexual harassment against officials/employees in executive branch agencies that included the Cabinet for Health and Family Services.

Having decided the cases in favor of access as attorney general, it would have been surprising if Beshear had decided to pursue the open records litigation as governor.

Settlement may not, therefore, represent a victory for transparency as much as it represents a victory for taxpayers in avoiding further costs of litigation and penalties, and the courts in preserving judicial resources from frivolous litigation.

In a November 11 post, the Kentucky Open Government Coalition pointed out the opportunity for settlement of several pending open records cases in which then Governor-elect Beshear ruled as attorney general.

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https://www.facebook.com/419650175248377/posts/572574513289275/?d=n

Citing as imperfect "precedent" Bevin's 2016 settlement of a protracted open records dispute involving access to child fatality records — which Bevin inherited from Governor Steve Beshear's Cabinet for Health and Family Services — we urged settlement of the cases Governor-elect Beshear would inherit.

Focusing on the hotly contested issue of access to the actuarial analysis of Bevin's 2017 pension reform plan, we wrote:

"Given the current [Bevin] administration's propensity for litigation in matters pertaining to adverse open records rulings, there are almost certainly other cases involving executive branch agencies that are pending. Like the CHFS case, which might have dragged on indefinitely, these cases can be resolved by settlement and the release of the disputed records.

"The judicial system will be relieved of an unnecessary burden, the taxpayers will be relieved of the monetary burden of further litigation, and the public's right to know will, at long last, be vindicated."

It seemed obvious then. It seems equally obvious now. Litigating these open records disputes to a conclusion would have been tantamount to defending a legal position Beshear had already rejected.

Beginning with the first and most obvious contested issue, access to the actuarial analysis, Governor Beshear has released the disputed records.

Some contested issues remain in the courts. Several cases involving the refusal of the Kentucky State Police to release records relating to police misconduct — and the underlying internal affairs investigations — are pending.

These cases should also be expeditiously settled. The precedent governing these cases, and mandating disclosure, is well-established. As attorney general, Andy Beshear agreed, finding that KSP violated the open records law in denying access to these records on several occasions.

Whether today's actions truly "signal a new beginning for the commonwealth in terms of open records and transparency laws" remains to be seen.

But we fervently hope so.