An update on yesterday's news that the Courier Journal will appeal Louisville Metro Police Department's denial of its open records request for records relating to Major Aubrey Gregory's demotion—based on the nonexistence of any responsive records—to the Kentucky Attorney General.

LMPD Chief Erika Shields testified at a Metro Council committee meeting later in the day that "When it comes to appointed commanders, she wouldn't 'spend time documenting things at length'" and that this would be the investigative process for allegations of misconduct by lieutenants and above going forward since she holds these appointees to a "different benchmark."

We're not sure how this comports with LMPD's legal obligations under other state laws, but "not spending time documenting things" is a questionable policy and one that is particularly troubling in this context—involving discipline of a ranking police officer—long considered "a matter of unique public interest" under Kentucky's open records law.

https://caselaw.findlaw.com/ky-court-of-appeals/1125917.html

One thing is certain, if this process indeed "signals a 'new era,' where agencies avoid transparency 'simply by not creating records in the first place,'" the future of open government in Kentucky is grim.

As for the Courier's appeal to the attorney general — rather than directly to the Jefferson Circuit Court — here's hoping the winds are blowing more favorably in its direction than recent open records decisions issued to other parties by the Office of the Attorney General would suggest.