Information that is public knowledge may often remain in the dark, but a Madison County organization Monday showed the public how the Sunshine Law can bring otherwise undisclosed information to light.
The League of Women Voters of Berea and Madison County, along with Eastern Kentucky University‚s chapter of the Society of Professional Journalists, hosted the public forum, “What You Need to Know about Your Right to Know” Monday evening at the new Business and Technology Center on EKU’s campus.
An audience of EKU journalism students and a group of several interested citizens gathered to hear featured panelists that included: Assistant Attorney General Amye Bensenhaver; former Kentucky Press Association President and Managing Editor of the Danville Advocate Messenger John Nelson; Bill Estep, an investigative reporter for the Lexington Herald-Leader; and Richmond Register Editor Jim Todd.
Monday’s event was tied in with national Sunshine Week, which was honored earlier this month.
Kentucky’s open records law requires that upon a request for a certain public record(s), the entity being asked for the information must respond within three business days, or a fine can be administered by the courts charging that entity $25 for each additional day they withhold the information.
In the 1980s, the Kentucky’s Attorney General Office received about 50 appeals each year, Bensenhaver said. An appeal is filed after an entity has either failed to provide the information in a timely manner or has given specific reason(s) as to why the information cannot be released.
At present, the Attorney General Office receives between 250 and 300 appeals each year, she said.
Bensenhaver encouraged the audience to not always take “no” for an answer. If an entity denies releasing the requested information and has provided reasoning that is not satisfactory to the person seeking the information, they have the right to appeal that decision to the Attorney General’s office.
“If you feel strongly about it, you should appeal it and have some confidence that maybe this time, things will work,” she said.
While serving as president of the Kentucky Press Association, Nelson teamed with EKU journalism students to do an audit of every county in the state. This audit would determine the amount of willingness found among those in charge of dispersing public records.
“By in large, Kentucky agencies passed the test,” Nelson said.
As part of his duties as KPA president, Nelson would talk to all newly elected state officials about sunshine laws and what they are required to produce when asked.
“I deal with elected officials on a day-to-day basis, and as each new mayor and each new council comes along, it’s an educational process. We have to teach them what their responsibilities are. Sometimes they care, and sometimes they don’t care”
Nelson said he plans to do another audit in the future.
“I don’t know when the next audit will be, but if I did, I wouldn’t tell anybody,” he said.
Estep is a veteran investigative reporter who sent out 25 Freedom of Information forms just within the past week.
Throughout his career, Estep has faced many slammed doors when trying to obtain public information.
“You are not required to say why you want the information,” Estep said. “That’s something you’ll be asked almost every time you’re dealing with the city or county government.”
He admitted that obtaining access to public information can be trying at times, but there is almost always a reward at the end, he said.
“One of my favorite parts about the law is that even though such examination may cause inconvenience and/or embarrassment to public officials, well, I love to inconvenience and embarrass public officials,” he said among an amused audience.
Todd talked of a recent incident that occurred after reporter requested public information from a city official.
The letter sent to the city employee was close to being a standard Freedom of Information request letter. It also was the same letter that was sent to several other second-class cities (such as Richmond) within the state.
The reaction of the official came as a shock to both Todd and the reporter requesting the information.
The official, for whom the letter was addressed, contacted the city attorney to review the language in the letter.
The last two paragraphs of the letter explained the open records law and continued to state the penalties that could occur if a response was not received from the city within three business days.
“The city attorney called me and said that he felt like the letter was threatening,” Todd said. “Some of these people don’t know the law, and just because they tell you “no,” don’t ever give up.”
There are several ways to write an open records request, but the League of Women Voters of Berea and Madison County now offer a link on the group’s Web site (www.lwvbmc.iclub.org) that contains several formats for open record request letters.
To learn more about national Sunshine Week and open meetings and open records laws, visit www.sunshineweek.com.
“Whether you call them sunshine laws or freedom-of-information laws, they are meant to protect the right of all citizens to know what the government is doing,” Fraas said. “Whenever the media fight for access to records or meetings, they actually are carrying the torch for the citizens.”
Ronica Shannon can be reached at rshannon@richmondregister.com or 623-1669, Ext. 234.
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Your right to know
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Friday at library : Lecturer to portray founder of Berea
John G. Fee, abolitionist and founder of both Berea and Berea College, will be portrayed Friday night by performer Obadiah Ewing-Roush as part of Kentucky Humanities Council Chautauqua performance series at the Madison County Public Library. There is no charge to attend the 7 p.m. event.
As the son of a slave-holding father, Fee witnessed firsthand the benefits of having slaves and the profits that could be made from their labor. When he graduated from college and enrolled in Lane Theological Seminary, he began to understand the inherent wrong and destructiveness of slavery. -
Berea woman dies Tuesday in Laurel County crash
A Berea woman, Tommie Johnson, 60, died Tuesday evening in a Laurel County crash, according to the the Laurel Sheriff’s Office.
The accident took place about 7 p.m. at the junction of Maple Grove Road and KY 363 south of London, as Johnson was attempting to turn onto the state highway.
Laurel County Chief Deputy Eddy Sizemore said Johnson’s Chevrolet Cavalier pulled out in front of a Dodge Durango driven by Charles Joseph, 19, that was traveling south on KY 363.
After being extricated from her vehicle, Johnson was transported to St. Joseph-London hospital, where she was pronounced dead.
Joseph also was transported to the hospital, where he was treated for minor injuries, according to the accident report. -
Finally February
Ian Rosser, an Eastern Kentucky University student from Lexington, clears snow from his car parked on campus Wednesday
morning after about an inch of snow fell in Richmond. Temperatures are forcast to be in the upper 40s today. Kentucky has seen a lot of rain in the past few months, as was predicted by the Farmer's Almanac, but very little snow has fallen. -
Volunteers needed for equine therapy
The Appalachian Foothills Therapeutic Equestrian Center will be hosting two, one-day volunteer training workshops for those interested in helping others with special needs.
The volunteer orientation days will be Friday and Saturday from 10 a.m. to 3 p.m., but only one day of training is required, according to Mark Martin who co-owns Appalachian Foothills Therapeutic Equestrian Center (AFTEC) with his wife Cheryl.
The all-volunteer organization, which is based in Jackson County, uses horses to help humans deal with physical and emotional challenges. -
Man accused of holding samurai sword to girlfriend’s throat
A Madison grand jury will hear the case of a man accused of threatening to cut his girlfriend’s head off, and attacking her father with a samurai sword.
Russell M. Masters, 42, of Richmond, is charged with two counts of first-degree wanton endangerment, which is a Class D felony, and fourth-degree assault (domestic violence with minor injury) and resisting arrest, which both are Class A misdemeanors. Masters could receive one to five years in prison on each wanton endangerment charge, and the misdemeanors both carry a maximum sentence of one year in jail. -
Arrest made in connection with stolen jewelry, computer
Richmond police have made an arrest in connection with property stolen from two homes last fall.
A woman reported to police Monday that she had discovered several items that were missing from her home on South Killarney Drive and her grandmother’s home on Raintree Drive, according to Richmond Police Chief Larry Brock. The items were a set of gold hoop earrings, a white Sony Vaio laptop, a yellow gold heart pendant, a gold tennis bracelet and a ladies’ wedding band with a diamond setting.
The complainant said the belongings had gone missing sometime between August and October. -
US 25 business owners scared of five-lane plan
Voices of Berea business owners upset about upcoming construction on US 25 will be taken to the state level, according to city administrator Randy Stone.
Several people operating businesses along a section of US 25 gave comments Tuesday to the Berea City Council, asking them reconsider plans to widen the road to five lanes.
The design is a five-lane highway with a center turn lane and a 10-foot shared use path on one side and a 5-foot sidewalk on the other side. -
Grand jury to hear copper theft case
The attorney for a man accused of stealing copper from a handful of electric poles questioned his identification as the same person who took copper from 32 poles two days earlier.
Public defender Meena Mohanty questioned Richmond police officer Nicholas Duvall during a preliminary hearing Wednesday in Madison District Court. Her client, Jeffrey W. Nester, 46, of Fourth Street, was arrested in connection with a Jan. 23 copper theft. He is charged with second-degree criminal mischief, theft by unlawful taking, possession of burglary tools and failure to notify address change to the Department of Transportation. These charges are all misdemeanors that, at most, carry a sentence of one year in prison. -
Judge weighs constitutionality of legislative redistricting
Kentucky’s deadline for filing to run for legislative seats was in flux on Monday because a judge did not immediately rule on a lawsuit challenging the constitutionality of newly redrawn district boundaries.
Franklin County Circuit Judge Phillip Shepherd said he expects to enter a ruling in the case by mid-week.
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Couple recovering from injuries suffered in weekend house fire
A couple was hospitalized after their home was set ablaze Sunday by a spark from a cigar, according to a county fire official.
County Fire Chief Jim Cox said the city and county fire departments were called to the home at 111 Concord Road in the early afternoon. Waco Volunteer Fire Department and the Richmond Fire Department also responded.
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