This twenty minute podcast — the last eight minutes focus on other issues — is well worth the time for those anticipating broader access to public records under the new gubernatorial administration.
It's in the nature of a "primer" about Wisconsin's open records law recounted by a reporter whose request for the Wisconsin Governor's emails was denied.
Wisconsin's law — as described in the podcast — is strikingly similar to Kentucky's law. With the single exception of the participants' discussion of the legal requirements for a proper request (in Wisconsin, a request must be limited by "subject matter or time"— not so in Kentucky), Kentucky's open records law is nearly identical.
Governor-elect Beshear's staff is uniquely well-versed in the open records law, having spent the past four years reviewing virtually every open records decision issued by the Office of the Attorney General.
He has an equally unique opportunity to set a new tone for an executive branch that has, in the past four years, expended unnecessary time, energy, and taxpayer dollars resisting disclosure of public records in the courts.
This podcast should be required listening for all public officials, but certainly for those newly appointed to Cabinet positions in Kentucky's executive branch.
The message:
1) Don't "overlawyer" a records request. Public agencies frequently dedicate the same or greater efforts to denying a request as they would otherwise expend in fulfilling a request.
2) Don't assert an exception to deny access to public records, even if one is available, where no governmental interest will be compromised by voluntary disclosure. The exceptions to the open records law are a shield and not a shackle.
3) Always remember that the open records law favors openness and is grounded in the presumption that "free and open examination of public records is in the public interest." Stated simply: If in doubt, give it out.
This podcast could not be more timely.
For open records nerds, it's easy listening. For open records requesters, it's highly instructive and useful. For the new Governor and his appointees, it's an invaluable starting point in developing an understanding and appreciation for the open records laws that fared so poorly in the outgoing gubernatorial administration.
As noted, at the state level, and perhaps beyond, the new Governor will set the tone for the next four to eight years. Surely he and his appointees can spare 20 minutes for a quick listen.
