In a period which may be witnessing the most serious sustained challenge to the continued vitality of Kentucky's open government law, there is a value in reflecting on how the law, here open records, was viewed at the commencement of the 1976 legislative session.

This story appeared in The Courier Journal on January 4, 1976.

Courier Journal staff writer James R. Russell notes that "[t]he open records proposal, described by some as the 'fresh air' bill, is something of a companion to the open meetings ('sunshine') law passed in the 1974 General Assembly. An open records bill was also passed during the 1974 session, but was vetoed by then Governor Wendell Ford."

Russell explains that Ford vetoed the open records bill in 1974 "because he felt some records needed protection," including — in what would become a recurring theme — student education records and records relating to economic development.

As someone who has lived this law for nearly 30 years, this was news to me!

One of the sponsors of the 1976 open records bill, and one of my personal legislative heroes, Representative Joe Clarke (D-Danville) observed at the time:

"The bill has grown out of the frustration that citizens feel when — after participating in the process of electing a representative government — elected officials act as if the government belongs to them rather than the people."

Were he alive today, Representative Clark would be horrified by the spectacle in Frankfort.

Forty-four years later, most of us would welcome a little fresh air and a lot more sunshine.