The crisis that precipitated two major appellate court opinions addressing public agency accountability through records access — in 2011, the Cabinet for Heath and Family Services' nondisclosure of child fatality and near fatality records — continues. Ten years later, CHFS acknowledges the nearly impossible staffing and funding challenge it concealed then.
CHFS's past refusal to disclose agency records relating to the tragic deaths of children under its supervision prompted the Kentucky Court of Appeals to declare:
"The Cabinet's conduct in this case was indeed egregious. The face of the record reveals the 'culture of secrecy' of which the trial court spoke; and it evinces an obvious and misguided belief that the Open Records Act is merely an ideal â a suggestion to be taken when it is convenient and flagrantly disregarded when it is not. We could not disagree more. 'Publicity,' Justice Brandeis tells us, 'is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.'
"In sum, we affirm the trial court, but we also echo its exasperation at the Cabinet's systematic and categorical disregard for the rule of law â both as codified in the Open Records Act and as handed down by the Franklin Circuit Court. The Open Records Act is neither an ideal nor a suggestion. It is the law. Public entities must permit inspection of public records as required or risk meaningful punishment for noncompliance. Rigid adherence to this stark principle is the lifeblood of a law which rightly favors disclosure, fosters transparency, and secures the public trust."
Cabinet for Health and Family Services v The Courier-Journal, inc.; and Lexington H-L Services, Inc.; and Patrick Watkins
https://caselaw.findlaw.com/ky-court-of-appeals/1726554.html
Cabinet for Health and Family Services v The Todd County Standard, Inc.
https://law.justia.com/cases/kentucky/court-of-appeals/2015/2012-ca-000…
Lawmakers who discount the value and importance of Kentucky's open records laws should bear in mind that — in some records access cases — lives hang in the balance.
Lawmakers have divested the public of the right to inspect virtually all legislative records. But they cannot divest the public of the right to hold them accountable. Will lawmakers finally respond to this crisis at the Cabinet for Heath and Family Services by funding adequate staffing? And will they continue to erect barriers to the public's right to know that such crises exist by ill-advisedly amending Kentucky's open records laws?
