Louisville's failed Amazon bid is one of several open records disputes reviewed by the National Freedom of Information Coalition in its analysis of legal impediments to the public's right to know whether public agencies are responsible stewards of public funds in offering economic incentives to private companies.
Here is a link to the November 2020 report: https://www.nfoic.org/sites/default/files/pages/2020-11/Invisible_Incen…
In 2018, author Steve Miller notes, The Courier-Journalâ sued Louisville for access to the records of the city's failed HQ2 bid. A trial judge found in favor of the newspaper, and the state Court of Appeals agreed.
https://www.courier-journal.com/story/news/politics/metro-government/20…
https://www.courier-journal.com/story/news/politics/metro-government/20…
"Although KORA allows agencies to withhold confidential information about prospective business relocations or expansions, the exemption did not apply to Amazon, because the competition was heavily publicized & there was no mystery about the identity of the company being courted."
Once a final decision was made to accept or reject the incentive package, it became subject to public inspection, the Court of Appeals ruled.
While the economic incentive offered "is controversial â some contend that such spending does not deliver economic improvement â what is more troubling is a prevailing practice of conducting the transactions without heed to the public's right to know."
Simply stated: How can the public confirm that the company to which the incentives were offered in exchange for new jobs, etc., delivered on the deal?
NFOIC reports that the lack of transparency has cast this spending, which one estimate places at between $40 billion & $70 billion a year, "in a shady light and given ample opportunities to those who question the appropriateness of the practice."
Although unsuccessful, past legislative efforts to broadly expand the economic development exceptions to the open records law at even greater expense to the public and its right to know, should weigh heavily on the minds of Kentuckians as we approach the 2021 Regular Session of the General Assembly.
https://apps.legislature.ky.gov/record/19rs/HB387.html
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