What follows are four updates on previously reported open records posts. The updates relate to:

*the first criminal prosecution for violation of the Georgia public records law scheduled for Monday;

*a recent development in Lexington relating to attempts to improve transparency for the board overseeing the restored Fayette County Courthouse;

*a recent Virginia Supreme Court ruling that runs directly counter to Kentucky caselaw on the access to records of public university foundations;

*and another look at the ongoing transparency issues at the Kentucky Retirement System and Kentucky Teacher Retirement System:

The press secretary to former Atlanta Mayor Kasim Reed will stand trial on Monday.

Jenna Garland faces criminal prosecution for violations of Georgia's public records law.

The charges stem from a 2017 incident in which Garland's directed a subordinate to delay responding to requests submitted by a local news station and the Atlanta Journal Constitution for records that contained embarrassing information about the mayor and others.

https://www.facebook.com/419650175248377/posts/526548564558537?d=n&sfns…

Garland is expected to argue that the portion of the Georgia law, which was added in 2012, that makes it a crime "to knowingly and willingly frustrat[e] or attempt[ ] to frustrate access to records by intentionally making records difficult to obtain or review" is unconstitutionally vague. She maintains that the provision is so vaguely worded that it fails to "give fair warning" to public officials of the conduct proscribed.

The misdemeanor charge arises from Garland's 2017 emails directing the subordinate to "drag this out as long as possible," "be as unhelpful as possible," and "provide the information in the most confusing format available."

Kentucky's open records law states that "any official of a public agency who willfully conceals or destroys any record with the intent to violate the [the provisions of the open records law] shall be guilty of a Class A misdemeanor for each separate violation" and can be "guilty of contempt" if he or she "fails to produce any record after entry of final judgment directing that such record shall be produced."

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23117

No known prosecutions under these statutes have occurred in Kentucky.