The Bluegrass Institute recently appealed the denial of an open records request to the Attorney General’s office. These requests were sent to the Kentucky Finance and Administration Cabinet. You can read more about the appealed requests here.
Among a variety of senseless reasons for the denial was the fact that the Cabinet felt “all related documents are preliminary in nature and therefore exempt from disclosure under the Open Records Act pursuant to KRS 61.878(1)(i) and (j).”
It is certainly true that the statute reads that way. You can read for yourself here.
But this does bring up a question: should preliminary drafts, documents, and correspondence be subject to open records requests? It certainly seems like all these items could provide crucial insight into how decisions are made. Open records laws in Kentucky are a good start but they could certainly be improved.
What do you think?