Frank LoMonte recently shared some practical advice with student journalists for the most effective use of state public records laws. His tips are equally valuable to the larger audience of non-student open records requesters.

The examples are drawn from student journalists' experiences, but almost anyone who has made an open records request has "been there."

His article, with suggestions for Kentuckians, follows:

A student journalist's (Kentuckians') primer on public records

By Frank LoMonte

When reporters from the University Daily Kansan learned about a string of disciplinary actions brought against campus fraternities, they kicked into "open records sleuthing" mode, hitting the University of Kansas with a request for KU's files showing who did what. The reporters got back enough — barely — to do their story. But the most important details were blacked out ("redacted"), for what KU claimed were student-privacy reasons.

Public records are powerful — and at times, they're incredibly frustrating. Every state has a freedom-of-information law that makes government agencies (including public schools, colleges and universities) turn over almost anything they create, receive or maintain that stores information.

When you see a "whoa" news story, there's a good chance a public-records request was somewhere behind it.

Texas A&M's newspaper, The Battalion, examined the records of university foundation investments and found that millions were sunk into companies directly tied to the Sudanese genocide. At Wichita State's Sunflower News, reporters used public records to uncover an enrollment-padding scandal, documenting that administrators pushed university employees to sign up for free, half-credit online courses to inflate WSU's head count.

(Personal favorite: at the University of Oregon, word got out that campus police officers were circulating a group email inviting their least-favorite liberal celebrities to "eat a bowl of dicks" — so a blogger actually asked UO for the "Eat a Bowl of Dicks list.")

*You don't need any special legal training or knowledge to make a public records request. There are really only two moving parts: What to ask for, and whom to send it to.*

NOTE: Key insight here. The Kentucky open records law is "user friendly," written in such a way that anyone can — and should if the need arises — use it.

Frank continues.

The "what" is easy: Just describe in plain language what you're looking for. *But remember to ask for records and not answers.* An agency must honor a request for "a copy of the travel budget for the athletic department," but it's not required to honor a request that requires additional research ("Make me a list of every trip the baseball team took, ranked from most to least expensive").

NOTE: And, I would add, a public agency is not required to provide answers to questions. In Frank's example, the faulty request would read: "How many trips did the baseball team take and which was the most to the least expensive?"

NOTE: Open records requesters often do not know the name an agency assigns to the record the requesters want. In Frank's example, the record is designated a "travel budget."

If you are doubtful about the precise name the agency uses, ask to *inspect* records relating to (in Frank's example "records relating to expenses the baseball team incurred").

NOTE: A request to inspect a record requires a less "precise" description than a request that the agency mail/email you copies, but triggers the same agency duty to conduct an adequate search for all responsive records. You still have the legal right to obtain copies and you may find an unexpected surprise record among those you expected.

If possibles, provide any parameters for the search that will limit its scope but fulfill your needs. In this example, the request may be limited by year (the 2018 season) or the team gender/level (the women's baseball team).

Back to Frank.

The "who" is often easy as well: If there's a centralized "public information office," that's probably the best place to send your request. If there's not, poke around the "organization chart" for the agency to find the right expert. (Question about school bus safety? Maybe the district has a Director of Transportation.) And if all else fails, send your request to the highest-ranking person (like the school superintendent) and let that person figure out who's best to respond.

NOTE: Agencies in Kentucky are required by law (KRS 61.826) to adopt and post rules governing open records requests that identify, among other things, the (Official) records custodian. Of course you can simply ask the agency for the name of its (official) records custodian, but if all else fails, address your request to the Official Custodian of Records or the Open Records Custodian or simply Records Custodian. These (and other designations) are used interchangeably.

Frank again.

Let your imagination go nuts: At the Fort Lauderdale Sun-Sentinel, journalists got a tip that local police were driving at reckless speeds, even when they weren't in hot pursuit of a suspect. But how do you document speeding when the speeders don't get ticketed? The reporters figured they could use the readings from South Florida's highway toll booths — and a little 10th-grade algebra — to find the answer. They requested time-stamped records of every time a patrol car triggered a toll sensor, then calculated how long it took to drive from Tollbooth A to Tollbooth B, which gave them the speed, at times more than 120 mph. Their creativity was rewarded with the Pulitzer Prize for Local Reporting.

NOTE: I refer to it as "thinking backwards." It starts with: "This is what I want to know," and works backwards to: "What records would an agency have that might contain this information?" Again, a request to inspect records, as opposed to a request that the agency mail/email copies, requires less specificity.

More from Frank.

"I'm just curious" is a perfectly good reason: "Why do you want this, and what are you going to do with it?" is both an irritating and legally inappropriate question for an agency to ask a requester. You don't need a justification to inspect government records (and you don't have to be a professional journalist, or even an adult). And you can't be turned down just because you might use the records for a "negative" or "controversial" story.

NOTE: The same is true in Kentucky. If an agency asks you why you want the records or what you intend to do with them, a respectful "I am not required by law to answer that question" should suffice. If it does not, you've got a legitimate basis for appeal.

Frank looks at a bogus exception.

FERPA is (almost) never the right answer: "FERPA" is the knee-jerk response whenever an educational agency wants reporters to go away. The Family Educational Rights and Privacy Act is a very narrow privacy law, and the Supreme Court has said it applies only to records directly relating to a student that are kept in a central storage location. So it shouldn't apply to emails, appointment calendars, cellphone logs and other records kept in individual employees' offices, even if students happen to be mentioned. Whenever you hear "FERPA," you should assume it's a lie, because it usually is.

NOTE: While it may not be true that agency reliance on any of Kentucky's exceptions (which include the Family Educational Rights and Privacy Act by incorporation) is almost never right, there are several overused/abused exceptions. The most common, by far, are the preliminary documents exceptions (KRS 61.878(1)(i) and (j), the law enforcement exception (KRS 61.878(1)(h), and the personal privacy exception (KRS 61.878(1)(a).

If your antenna go up when you see these exceptions, and you doubt that they actually apply to the record you want, you can politely push back with the agency or consider an open records appeal to the Office of the Attorney General.

Key advice from Frank.

Be the squeaky wheel: It's not unusual for universities to leave people chilling for months for even the simplest documents — at Ohio State's Lantern, reporters waited eight months to get (incomplete) police reports about crimes by athletes — so don't be shy about sending reminders, especially if your story is time-sensitive. If you think you're being ignored, climb the ladder and send the reminder to higher-ups at the agency.

NOTE: I've used the same term in talking to frustrated open records requesters. Write the agency; email the agency; call the agency with gentle — or not so gentle — reminders that it's written response to your request is past due. Document each communication as proof in the event you must file an appeal

Kentucky's law gives the agency three business days to produce the records or deny your request (KRS 61.880(1)), and a bit more time if the records "are in active use, in storage, or not otherwise available" (KRS 61.872(5)). In the latter case, the agency must notify you in writing, explain in detail the cause for delay, and tell you the date they will be available. This must be the "earliest" date and not just a date that suits the agency's convenience.

Very good tip, Frank.

Go into "used car mode": Only a chump pays the sticker price on a used car, and you're not a chump. When you get the sticker-shock price quote for what seem like routine public records, that's an invitation to bargain. At Kansas' Johnson County Community College, a student editor was told retrieving emails from two administrators' accounts would cost $47,426 and require two full-time programmers. After lawyers got involved, it turned out the records could be produced for $450: less than 1 percent of the estimate.

NOTE: With a few notable exceptions, fees for copies are controlled by the our law's reasonable fee provision (KRS 61.874(3)). That law limits fees to the agency's "actual costs," and expressly excludes staff costs. Ten cents per page for standard hard copy records has been the going rate for years. If records are transmitted electronically, the agency incurs no cost and must provide them to you at no charge.

More from Frank.

Find the side door (or window): Even if you're up against an uncooperative educational institution, or one that has managed to get itself a sweetheart exemption from producing public records, think about who else might get copies of key documents. In the case of Penn State, when reporters were hot on the trail of a child-molestation scandal in the athletic department, an Associated Press reporter had the brainstorm of asking one of the university's trustees — a state Department of Education official, whose emails were public record — to produce his correspondence with Penn State. Jackpot! Even though Penn State didn't have to turn over the emails, the Department of Ed did.

NOTE: Be creative. Enough said.

Frank concludes.

Finally, if you think your legal rights are being violated, do something about it. When agencies withhold records, it's usually because they're image-conscious and afraid of bad publicity. Don't be afraid to give them some.

NOTE: A little skillful editing here. Frank's suggestions for challenging an agency's noncompliance with open government laws are primarily useful to students.

Kentuckians from any and all walks of life have a right to appeal agency violation of the open records law to the Kentucky Attorney General. The appeal process is also user-friendly. The appeal consists of your written request and the agency's written denial (or a letter explaining that you received no written response/denial from the agency) mailed or faxed to the Office of the Attorney General, 700 Capital Avenue, Room 118, Frankfort KY 40601. A cover letter addressed to the attorney general, clearly identifying your letter as an open records appeal, and asking the AG to review the agency's actions under the open records law is desirable but not statutorily required.

You don't need an attorney to file an appeal; you don't have to use a special format or include legal arguments supporting your position; and you don't have to pay a "filing fee."

Bonus: You get a quick turnaround. A decision (referred to as an Open Records Decision or ORD) will be issued by the AG within 20 to 50 business days, and that decision has the "force and effect" of law if not appealed to circuit court within 30 days. If you disagree with the decision, you may appeal it to the circuit court.

Thanks, Frank.

Frank LoMonte is the director of the Brechner Center for Freedom of Information at the University of Florida. He previously served as the executive director of the Student Press Law Center in Washington, D.C.

NOTES provided by Amye Bensenhaver, retired Kentucky Assistant Attorney General and co-founder of the Kentucky Open Government Coalition.