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What you Need to Know about your Right to Know

 

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Project Sunshine is a national initiative with other groups to promote recognition of the importance of transparency and freedom of information in government.

For more information

Sunshine in Government Initiative

Sunshine Week 2007 Roundup

PANELISTS

Assistant Attorney General Amye Bensenhaver, who writes many of the opinions from the Attorney General's office interpreting the law and responding to appeals. The Attorney General's office is also involved in educating mayors, county attorneys, local government officials and university personnel about their duty under Kentucky's open meetings and open records laws.

John Nelson, former president of the Kentucky Press Association and managing editor of the Danville Advocate Messenger. While Nelson was president of the Kentucky Press Association, every county was subjected to a "records audit" to determine how responsive local jailers, school boards and other agencies were to walk-in and written records requests. He and the KPA are advocates for opening up government records including efforts to provide access to juvenile court records and opposing laws to permit the expunging of felony records.

Bill Estep, veteran records user and investigative reporter for the Lexington Herald-Leader, who recently used records to determine how successful tax credits and economic development incentives were in wooing businesses to local communities.

Jim Todd, editor of the Richmond Register, who will provide a perspective on how responsive our local government is to the spirit of the open meetings and open records law.

 

Office of the Attorney General
The Capitol, Suite 118
700 Capitol Avenue
Frankfort, KY 40601-3449
Phone (502) 696-5300
Fax (502) 564-2894

TERRIFIC WEB RESOURCES

The Kentucky Attorney Generals offices provides legal opinions, handbook on the law, tips for making requests.

"Protecting Your Right to Know," (120kb PDF) describes the rules and procedures that apply to citizen action under those laws. The booklet contains a sample open records request, sample open records appeal, sample open meetings complaint, and sample open meetings appeal.

"Your Duty Under The Law." (215kb PDF) a booklet to assist public officials in understanding their duties under the open records and open meetings laws. Since 2005, the AG is charged with distributing this brochure to newly elected officials, school superintendents and their attorneys and presidents of state universities who must maintain a signed proof of receipt of the documents. If you serve on an appointed committee or commission, you are required to sign a statement that you have received the document.

In addition, a second publication, Managing Public Records, is a brochure produced by the Department for Libraries and Archives to provide basic information about the laws pertaining to records management and retention by local agencies.

Outline of Kentucky Open Records and Open Meetings Law. A booklet to assist in researching the law on open records and open meetings, the Attorney General has prepared an If you would like a printed copy of the booklet, write Civil / Open Records, Office of Attorney General, 700 Capitol Avenue, Frankfort, Kentucky 40601, or call (502) 696-5300, and ask for a copy of the booklet "Outline of Open Records Law."

ATTORNEY GENERAL OPINIONS

List of OAG decisions: http://ag.ky.gov/civil/oromlist.htm
A list and searchable database of open records and open meetings decisions since 1993. The AG opinions are coded by year, type (ORD for open records decision and OMD for open meetings decision), and a number. Use the search box in the upper-right corner of this page to search Open Records & Open Meetings decisions by keyword, year, or ORD/OMD number. Narrow your search by specifying ORD (for Open Records Decision) or OMD (for Open Meetings Decision), then a space, then your keyword, two-digit year, or OR/OM number. The link generated is to a Microsoft Word text file that you can download and open, read and print.

For example: a recent decision is labeled 07-ORD-033 involves an EKU student seeking confidentiality agreements signed by EKU's parking appeals committee. The Feb. 28, 2007 AG opinion upheld the university's action because the student had made an E-mail request which is not considered an official open records request under current law. The university also maintained such records did not exist.

 
Kentucky Press Association
101 Consumer Lane
Frankfort, Kentucky 40601
(502) 223-8821

KENTUCKY PRESS ASSOCIATION RESOURCES
A descriptive and helpful commentary on opinions of the Attorney General on Open Records and Open Meetings law. Link: http://kypress.com/1stamend/

Kentucky Open Meeting Law

Kentucky Open Records Law

Reporter's Pocket Guide to Open Meetings/Open Records Law
Link: http://kypress.com/1stamend/pocket_guide.asp

Yours for the Asking. A 12-page summary of the 2005 Kentucky open records audit with tips and basics of the law. Link: http://kypress.com/kora/default.asp

 
HELP WITH OPEN RECORDS LETTERS

FOI Request Letter Generator
Link: http://www.rcfp.org/foi_letter/generate.php
A great place to get help with an open records request letter. Provides text fields for you to enter important elements of the request and tips on language, etc.



 
GENERAL RESOURCES

FIRST AMENDMENT CENTER Link: http:// www.firstamendmentcenter.org/

Comprehensive research coverage of key First Amendment issues and topics, daily First Amendment news, a unique First Amendment Library and guest analyses by respected legal specialists. The site is operated by The First Amendment Center, at Vanderbilt University in Nashville, Tenn., and in Arlington, Va. Wonderful links from this site including these two described below.

This page in particular will help you in trying to find out what kind of federal records are available and how to access them.

The Department of Justice's Office of Information and Privacy is the principal contact point within the executive branch for advice and policy guidance on matters pertaining to the administration of the Freedom of Information Act. Through OIP's FOIA Counselor service, experienced FOIA advisers are available to respond to FOIA-related inquiries at (202) 514-3642 (514-FOIA). Links to the principal FOIA contacts at all federal agencies dealing regularly with FOIA matters. In some instances (e.g., the Department of Defense), all major agency components are listed individually under the agencies. In other instances (e.g., the Food and Drug Administration), major agency components are listed separately. In still other instances (e.g., the Department of Labor), no components are listed, as it is the agency's preference that all FOIA contacts be made through its main FOIA office. Fax numbers and e-mail addresses are provided as a matter of agency preference as well. All telephone and fax numbers are listed by local area code, which can be dialed in the federal long distance system. OIP should be notified whenever there is a change in a principal agency FOIA contact or any change in title, telephone or fax number, or address.

SOCIETY OF PROFESSIONAL JOURNALISTS

The Society of Professional Journalists is the nation’s most broad-based journalism organization, dedicated to encouraging the free practice of journalism and stimulating high standards of ethical behavior. Founded in 1909 as Sigma Delta Chi, SPJ promotes the free flow of information vital to a well-informed citizenry through the daily work of its nearly 10,000 members; works to inspire and educate current and future journalists through professional development; and protects First Amendment guarantees of freedom of speech and press through its advocacy efforts. This link directs you to a variety of up-to-date information on national and state-by-state freedom of information news as well as tips on accessing information.

 

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© 2007 by LWV of Berea and Madison County
P.O. Box 254, Berea, Kentucky 40403
LWV of Berea & Madison County Web site
Last updated March 2007