Open Records law valuable tool for media and public
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Recently, on August 15, the Middlesboro Daily News printed character letters written by top Bell County politicians, business people, and community leaders on behalf of now twice-convicted felon and ex-Pineville Mayor Robert L. “Bob” Madon. The letters have stirred up many in the community (as evidenced in letters to the editor, comments on our website, e-mails and calls we’ve received, and public response at council meetings) both in support and anger.

Several in the community have asked where those letters can be found. Of course, it’s no secret. They’re in the public records. And by the Kentucky Open Records Law and the Freedom of Information Act, you have access to these records anytime. Specifically in regards to the Madon case, which was in federal court, any documents for that case can be found in London, Ky., at Federal Court in the Clerk’s office. They can also be accessed through an online database called PACER. After setting up an account, you can access any federal records (for a charge of .08 cents per page viewed) from any computer in PDF format.

The power to access public records is at everyone’s fingertips, not just the press. Any document filed by an elected individual or public institution can also be accessed locally in Middlesboro or Pineville City Hall, the Bell County Court Clerk’s Office, or Circuit Court Clerk’s Office.

Most frequently, MDN requests information from the Circuit Court Clerk’s Office in Pineville. Deputy Circuit Court Clerk Robin Garned will often go out of her way to help this paper obtain court records, hearing summaries, and dates for future cases. That information in turn helps the public stay knowledgeable about what’s going in the court system.

Sometimes, however, when information from public institutions is not provided when requested, MDN will print explicitly that the information could not be supplied. While we realize that public institutions and law enforcement agencies have their own businesses to run and can’t always cater to the news media at all times, it is important that they work with us in delivering information to the community in a reasonable amount of time. It’s in everyone’s best interest.

Public meetings need to also be held accountable. Under Federal Sunshine Laws, officials cannot meet beforehand to discuss business in the meeting. And while Executive Closed Session is closed to the public and media, the board does have to specify what they will be discussing. All business during a public meeting is on the record. If there is business a board member or citizen does not want printed in the paper, then it shouldn’t be discussed at a public meeting.

In order to keep our politicians honest and to keep government free and open, we all have to exercise our power to access public records.

For helpful information on Kentucky’s open records laws, visit the Attorney General’s outline of the laws at ag.ky.gov/civil/orom, or www.kypress.com.
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