Bowling Green Daily News. April 20, 2024.

Editorial: Time to permanently end assaults on transparency

Controversial proposed changes to the Kentucky Open Records Act did not make it into law during this session of the General Assembly, and Kentuckians are the better for the failed attempt. However, the battle for transparency has not been won, as Senate President Robert Stivers has indicated that legislators will try again to pass a version of House Bill 509.

HB 509 would have required official emails for public employees. But it would have also made any records on personal devices not subject to open records requests.

“I understand the desire to create email accounts. I think that’s a good thing. But on balance, this law doesn’t enhance transparency, it destroys it,” attorney for the Kentucky Press Association Michael Abate told lawmakers in Frankfort in March.

If discussions about public issues were held on private devices, the public might never learn about them. It would be naive to think that some officials would not hide controversial discussions by simply using personal email accounts. We have seen myriad examples in recent history.

While the bill was not passed this session, the effort continues.

Stivers said he expects to see it return during the interim session, and maybe next year if it doesn’t move forward then.

Unfortunately, we have seen repeated efforts in recent years to weaken Open Records laws, across the country and in Kentucky.

The danger of such efforts cannot be overstated.

While we are glad HB 509 did not advance this session, it is disheartening to learn that the effort to pass such legislation is not permanently dead.

It is also disturbing that such attacks on Open Records laws seem to be a recurring theme in the General Assembly.

It is time for legislators in Frankfort to end the assaults on transparency — permanently.

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