Open Government

The justices sided with the fish and wildlife department and attorney general.

The Kentucky Supreme Court heard arguments Wednesday over whether public business conducted on a private device should still fall under the state’s open record laws.

The late-breaking change in the bill would subvert a Supreme Court ruling in the Shively police case.

Kentucky Open Government Coalition co-director Amye Bensenhaver called the Kentucky Supreme Court’s ruling a “monumentally important opinion.”

Unlike most states, Kentucky does not require filed or advancing bills to be accompanied by a financial analysis. Sometimes lawmakers ask for them, and sometimes they are “confidential.”

Courts do not, in general, indicate in advance how they will rule on a issue not yet before them. Nor should the Kentucky Attorney General, writes retired Kentucky assistant attorney general Amye Bensenhaver.

The lawsuit stemmed from an investigation into the relationship between Murray State administrators and WKMS, an NPR member station.

Legislation to amend the Kentucky Open Records Act cleared a Senate committee despite bipartisan criticism that it would undermine government transparency, though a controversial part of the bill was rejected.

Amye Bensenhaver, of the Kentucky Open Government Coalition, said the bill is a reaction to recent rulings by Kentucky courts that discussions of public business conducted on private devices are subject to the state’s open records law.

A transparency advocate says he's watching warily for House Bill 509’s final version.

The bill's sponsor says its intent is to ensure access to public information while protecting individuals’ privacy.