To assist voters in casting an informed vote in the Nov. 5 general election for Kentucky attorney general, the Kentucky Open Government Coalition asked the candidates to respond to five questions relating to the open records and open meetings duties assigned to the attorney general by law.
These open records and open meetings duties are among the most critical duties the attorney general performs. By law, the attorney general’s office is the first line of review for disputes between citizens and public agencies concerning access to public records and meetings. Our goal is to ensure that voters know the candidates’ positions on open government issues before they cast their votes.
Greg Stumbo, the Democratic candidate, responded to the coalition’s questionnaire. The coalition’s questions and his answers are provided here. Daniel Cameron, the Republican candidate, did not respond.
OPEN GOVERNMENT QUESTIONNAIRE FOR ATTORNEY GENERAL CANDIDATES
Coalition: How will you commit office resources to ensure that the Office of the Attorney General fulfills its statutory duties and meets statutory deadlines for issuing open meetings and open records decisions?
Stumbo: As I did during my prior term, I will staff the office or personnel responsible for meeting the statutory requirements for Open Records Act responses by the OAG. Prompt response to constituent requests will be an emphasis for my office.
Coalition: Do you believe that the attorney general should follow precedent established by the office and the courts in interpreting and applying the open meetings and open records laws?
Stumbo: Legal precedent is important to lawyers in many facets of their job. As Attorney General I will ensure that staff addressing or reviewing open records and open meetings issues are aware of precedent and make diligent search of updates to law or understanding across Kentucky and in sister states.
Coalition: The attorney general intervened in three cases in 2016 to defend the authority of the Attorney General’s Office under KRS 61.880(2)(c) to request copies of disputed records for in camera inspection in open records appeals. Two of those cases, Kentucky Kernel v. University of Kentucky and Western Kentucky University v. Kentucky Kernel, are unlikely to be resolved by the end of 2019. Will you pursue both of these cases to defend the authority of the Attorney General’s Office under KRS 61.880(2)(c). Please explain your reasons for pursuing, or not pursuing, these cases.
Stumbo: My office and staff will review those cases and act to fully defend the Attorney General’s authority to request and inspect records under the Open Records Act parameters. I believe that the Attorney General should continue to have oversight over open communications and transparent government.
Coalition: What resources, if any, will you commit to improving open meetings and records compliance by public officials and increasing public awareness of Kentucky’s open government laws?
Stumbo: Educating the public about their rights as outlined under Kentucky law will be important to my office. Citizens should know how the law protects them and each division in the Office of Attorney General should be responsible for educational outreach to organizations, local and city governments and the members of the public they serve. The Office of Attorney General must invest time in providing Kentuckians with the information they need to have the laws best serve them.
Coalition: If legislation is proposed that reduces the public’s existing rights under the open meetings and records law, should the attorney general advocate to preserve the laws?
Stumbo: Bills and proposed laws that affect the rights of the public to understand and be involved in their government. All such bills should be reviewed by the Office of Attorney General. Within the parameters set by the Kentucky Constitution, my office will work with the legislature and the public to protect open government and transparency.
(Hoptown Chronicle editor Jennifer P. Brown is co-founder of the Kentucky Open Government Coalition, with attorney Amye Bensenhaver, of Frankfort. Brown helped write and distribute the questionnaire. To learn more about the coalition, go to the organization’s Facebook page.)
Jennifer P. Brown is co-founder, publisher and editor of Hoptown Chronicle. You can reach her at editor@hoptownchronicle.org. Brown was a reporter and editor at the Kentucky New Era, where she worked for 30 years. She is a co-chair of the national advisory board to the Institute for Rural Journalism and Community Issues, governing board past president for the Kentucky Historical Society, and co-founder of the Kentucky Open Government Coalition. She serves on the Hopkinsville History Foundation's board.
