The Reporters Committee for Freedom of the Press today sent a letter to Governor Andy Beshear urging him to veto House Bill 312.

The Reporters Committee "is a nonprofit association whose attorneys provide pro bono legal representation, amicus curiae support, and other legal resources to protect First Amendment freedoms and the newsgathering rights of journalists across the country, including in Kentucky."

"Portions of HB 312," RCFP observed, "appear designed to make it more difficult for members of the press and the public to obtain the records of the Legislative Research Commission, as well as to obtain judicial review of denials of access to such records. Any attempt to legislatively hamper public access to these records is contrary to the public interest."

The Reporters Committee cited Harilson v. Shepherd, a 2019 Kentucky Supreme Court opinion addressing "a request to the LRC for records related to an employee's complaint alleging sexual harassment by a state representative—a matter of serious public concern."

"Indeed," the RCFP noted, "the Kentucky Center for Investigative Reporting has reported on the breadth of sexual harassment within the Kentucky government, and the inconsistent responses thereto. See Eleanor Klibanoff, 'Lack of Good Behavior'? Kentucky Government's Inconsistent Response to Sexual Harassment, Kentucky Center for Investigative Reporting (March 5, 2018). Using public records requests and other newsgathering tools, it uncovered at least 130 sexual harassment complaints filed by state employees between 2012 and 2018."

For these reasons, the RCFP asserted, "It is essential that members of the news media and Kentuckians continue to have access to records of all governmental bodies to ensure the public is informed about such issues."

The Reporters Committee expressly rejected the "separation of powers concern implicated by judicial review under the current statutory regime in KRS § 7.119. As the Kentucky Supreme Court unanimously concluded in Harilson, '[i]nterpretation of a statute detailing review of a

legislative records request is in no way an encroachment on the legislative function, it is a quintessentially judicial function.' Neutral judicial review of denials of access to government records is an important check that should not be impeded."

In closing, the Reporters Committee "urge[d the Governor] to veto HB 312, and to ensure Kentuckians have robust access to government records."

The Kentucky Open Government Coalition is grateful to to the Reporters Committee for Freedom of the Press for its interest in the Kentucky open government issue created by HB 312 and its willingness to weigh in on this critical dialogue. It's nationally respected voice is one that should not be ignored.