Still no word from the Fayette County Public Schools about whether it will appeal the Kentucky Attorney General's decision — issued just over one week ago — that the school district violated the open records law.
The law requires the district to appeal the decision to the Fayette Circuit Court, or release the wrongfully withheld records, within 30 days of the day on which the Attorney General issued it.
On April 15, the Attorney General issued 20-ORD-055 in which he found that the district subverted the intent of the open records law when it rejected Fayette County Board of Education member Tyler Murphy's open records request because it was submitted by email.
Additionally, the Attorney General found that the district violated the law by denying Murphy access to score sheets that were adopted by the district when it awarded a contract to the same auditor for the 14th year in a row.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2020/20-ORD-0…
WLEX18 reports that a spokesperson indicates the district "will review the *opinion* and determine the next course of action."
(For clarity's sake, its important to note that the Attorney General found that the district violated the law in an open records *decision* issued under authority of KRS 61.880(2). The decision has the force and effect of law if not appealed to Fayette Circuit Court within 30 days.
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23065
It is not an *advisory opinion* issued under authority of KRS 15.020 and therefore non-binding.)
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40053
In an April 20 post, the Kentucky Open Government Coalition questioned the wisdom of the district's denial of board member Murphy's informal *and* formal requests.
https://www.facebook.com/419650175248377/posts/665594693987256/?d=n
Murphy's concerns about the half million dollar auditing contract placed him at odds with some board members. But the district's refusal to share the score sheets with him compelled him to assume an adversarial role by appealing to the Attorney General.
And what did the district get for its trouble? An adverse — and well-reasoned — ruling from the Attorney General and bad publicity.
A nationally recognized and respected expert on auditing/fiduciary standards, Chris Tobe, commented on our post that "using the same auditor for 13 years is poor fiduciary oversight. Changing every five years is best practice."
It seems Murphy's concerns about the half million dollar contract were well-founded.
Reflecting on his open records victory, Murphy observed, "It goes back to a consistent message that I've been trying to make since arriving to the board and that is that we have an obligation to the people to be transparent to ensure that board members are informed when they cast votes and when they're asked to make decisions especially decisions of that magnitude."
It's time the Fayette County Public Schools recognize the absurdity of a protracted legal battle with Murphy, release the records to Murphy now rather than running out the 30 day clock, and adopt Murphy's stated philosophy in both its words *and* deeds.
