Tennessee is being sued over its decision to deny public access to a $1.6M taxpayer-funded report recommending how to respond to the COVID-19 pandemic that a contractor undertook at the request of Governor Lee's administration.
A parallel exists in Kentucky in the form of the Public Pension Authority's refusal to release a $1.2M taxpayer funded investigative report into investment activities "to determine if there are any improper or illegal activities on the part of the parties." KPPA has continuously asserted attorney-client privilege to deny taxpayers access and ignored a Franklin Circuit Court opinion recognizing — in a different factual context — the public's right to taxpayer-funded investigative reports.
As we noted in our recent Twitter exchange with Tennessee Coalition for Open Government executive director Deborah Fisher (who analyzed the Tennessee records access dispute at https://tcog.info/lawsuit-challenges-use-of-deliberative-process-privil… ):
"This is especially alarming in this context given the crisis in Kentucky's public pension. See, PBS Frontline, "The Pension Gamble" https://www.pbs.org/wgbh/frontline/film/the-pension-gamble/ and the willingness of many Kentucky agencies to waive the privilege. In the referenced opinion, the court noted:
"'At its most basic level, the purpose of disclosure focuses on the citizens' right to be informed as to what their govt is doing.' For example, thru disclosure of complaints and investigation materials, the public can discern whether [public] agencies—funded by taxpayer dollars — are efficiently and effectively investigating and addressing misconduct. This provides insight into the behavior of government [officials and] employees, as well as the efficiency and productivity of our public workplaces.
Perhaps more importantly, it ensures that investigations are handled competently and without favoritism."
KPPA's denial, we tweeted, "was equally offensive in light of instances of agencies waiving the privilege to release reports where the public interest was also compelling—two such reports in 2021."
See https://t.co/DHXT94QGoJ (recently released investigative report prepared by former FBI agent David Beyer, "at a maximum cost of $30,000" candidly evaluates errors and omissions in ill-advised hiring of Fernando Risco as TARC executive director).
https://t.co/N5MYHmv4V7( Louisville releases 155-page report by Hillard Heintze after Mayor Greg Fischer ordered a complete review of the Louisville Metro Police Department.)
We noted that our Coalition "has requested the KPPA report three times, and three times we have been denied access." https://www.facebook.com/419650175248377/posts/918788952001161/?d=n
