An unexpected resolution in an unusual open records case in the Kentucky Court of Appeals.
http://opinions.kycourts.net/coa/2019-CA-001374.pdf
On June 26, 2019, Gay Adelmann requested the financial records of Kentucky PTA in the custody of JCPS.
The JCPS having indicated it would release the financial records to Adelmann — as it had in the past to the media on more than one occasion — Kentucky PTA sought injunctive relief from the Jefferson Circuit Court in August, 2019, to prevent disclosure of the financial records. The group maintained that the records were "confidential and proprietary" under KRS 61.878(1)(c) and therefore excluded from public inspection.
Following a hearing in the case, the circuit court entered an order on August 27, 2019, requiring JCPS to release Kentucky PTA's financial records to Adelmann.
https://www.facebook.com/kyopengovernment/posts/516139658932761
Judge Charles Cunningham astutely observed:
"It is essentially impossible to make plum and level an argument that it's okay if our records are obtained by the newspaper with the largest circulation in Kentucky, but it poses a threat to us if a single individual obtains them."
Rejecting Kentucky PTA's claim that the reports are confidential or proprietary, the Judge observed, there is "no evidence of insider dope lurking within the lines of [Kentucky PTA's] balance sheet."
Indeed, Judge Cunningham noted, the records "contain little more than the information that could be acquired by attending a PTA meeting."
Ultimately, Judge Cunningham found "no reason to think the information could be monetized and exploited for profit."
https://www.facebook.com/419650175248377/posts/506059346607459/?extid=0…
Kentucky PTA appealed the circuit court opinion to the Court of Appeals but was apparently an appellate no-show.
The group failed to comply with the civil rules governing appellate procedure, as described in the opinion, prompting the Court of Appeals to affirm the Jefferson Circuit Court opinion in favor of access on August 21.
The court sternly admonished Kentucky PTA:
"We certainly hope this case serves as a warning to practitioners to carefully read and follow CR 98 to avoid missteps on behalf of their clients and to ensure a complete record—containing all relevant videos, CDs and DVDs—is certified to the appellate court. We will not reiterate all that has been said too many times before on [the subject of compliance with procedural rules]. If a lawyer is curious about the importance of these procedural rules or the practical reasons for following them, we recommend reading these opinions in chronological order [citations omitted]."
Thus, the Court did not determine if the financial records had properly been characterized as confidential and proprietary, but Adelmann (and the public) prevailed.
The opinion provides ample guidance on the pitfalls of appellate practice but little of direct value for proponents of open government.
Nevertheless, we'll gladly take the records and the win.
