The state's $8.5 million contract with the private nonprofit Commonwealth Center for Commercialization (C3) apparently troubled us more than the General Assembly's Contract Review Committee. Today, it voted 7-1 to approve the contract.

Representative Charles Booker cast the lone dissenting vote. He raised concerns about conflicts of interest arising from a contract awarded to an organization with strong ties to current and former Cabinet officials. Booker also questioned whether C3 qualifies under the Kentucky Innovation Act due to its lack of a proven track record.

The remaining lawmakers were persuaded by Brian Mefford's assurances that C3 will be open about its use of the $8.5 million it will receive from the state. Mefford is the executive director of the Cabinet for Economic Development's Office of Entrepreneurship *and* C3's current unpaid "interim CEO."

As reported yesterday, Mefford signed the contract on behalf of C3. Cabinet for Economic Development Secretary Terry Gill signed on behalf of the Cabinet.

Three weeks later, Gill resigned. He now serves on C3's board of directors along with other Cabinet officials and unidentified university officials and private citizens.

We examined whether Kentucky's open government laws apply to C3 on July 10. As an organization receiving at least 25% of its funds from the state and whose governing board members are appointed by a public agency, we concluded with near certainty that it was.

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Unlike the lawmakers on the Contract Review Committee, we are not comforted by C3's verbal assurances both during and after today's committee meeting that it will be open and transparent.

And with very good reason.

Mefford and Cabinet general counsel, Jessica Burke talked to reporters after the meeting. They told reporters that although C3 is "legally independent" of the Cabinet, "it will *voluntarily comply* with the state open meetings and open records laws like a government agency."

Based on what we know about C3, it is not "like" a public agency for open records and open meetings purposes. It *is* a public agency for open records and open meetings purposes. Compliance with these laws is *not* voluntary. It is mandatory.

C3 is likely to abandon its tepid commitment to voluntary compliance when Kentucky's open government laws become an inconvenience to it.

And if the attorney general or the courts confirm our analysis—that it is, in fact, a public agency for open records and meetings purposes—it's equally likely that if the laws become a hindrance it will erect every existing barrier to public access *and* introduce more barriers in future legislative sessions.

These same Cabinet officials testified on behalf of HB 387 in the 2019 Regular Session. Among other things, that bill would have dramatically reduced the public's right of access to public records relating to economic development on the pretext that Kentucky cannot compete with surrounding state because our laws favor access.

It is widely believed that a version of HB 387 will be re-filed in the 2020 Regular Session.

Perhaps my concerns are unwarranted, and none of this will come to pass.

But Mefford and Burke should have been directly questioned by lawmakers about their position on C3's "voluntary" compliance with Kentucky's open government laws and the specific restrictions on the public's right of access they believe C3 can legally invoke.

There are occasions when it seems that some lawmakers prefer to proceed with their eyes wide shut.