Where does Kentucky rank among the 50 states and the District of Columbia in this recent analysis of public records act compliance?

There's good news. We are not ranked in the bottom five. In fact, we are ranked 32nd based on the complex statistical analysis that prefaces the rankings. This is based on a rating of 39% compliance with our state open records law using tracking data furnished by MuckRock.

The highest rated states, Washington and Idaho, had a 65% compliance rating with their states' public records laws. The lowest rating went to Alabama with an embarrassingly bad 10% compliance rating with its public records law.

The analysis is based on requests for records of various kinds submitted to state governments in a three year period, and an assessment of successful completion. The analysis acknowledges that"some denials by agencies would be legally warranted."

The analysis also factors in certain correlates. It's surprising conclusion? A strong public records law does not ensure compliance.

The analysis concludes that the strength of the penalties in a state public records law does not promote compliance. Nor do the fees charged or the deadline for agency response to requests.

The analysis noted that a mandatory six to thirty day response time is little or no better than no mandatory response time. A one to five day mandatory response time is most apt to promote compliance. In Kentucky, the agency response time is fixed at three business days.

The legal provision that absolutely does promote agency compliance, the analysis concludes, is mandatory fee-shifting to public agencies. Those states whose laws require judges to award attorneys' fees to requesters who prevail in public records disputes in the court have a higher compliance rating.

The analysis identifies a correlate described as the "Southern Effect" based on "strong negative compliance" ratings in Alabama, Arkansas, Kentucky, Louisiana, Mississippi, Tennessee, and Texas. The analysts postulate that there may be a "cultural, social factor." They suggest that there may be "a certain expectation of politeness and decorum that discourages record's requests" in the South.

That has not been true in my experience.

The least surprising conclusion reached?

Good state governments — those that are not plagued by corruption or perhaps less plagued by corruption — have a higher compliance rating.

That's bad news for Kentucky.

We may not have much to brag about, but once again (and with all due respect) at least we're not Alabama.