Media attorney warns advancing bill would create ‘giant loophole’ in Kentucky’s open records law

FRANKFORT, Ky. (AP) — Legislation advanced by Kentucky lawmakers on Wednesday would carve out a “giant loophole” in the state’s open records law that would enable public officials to evade scrutiny, a media attorney says.

The measure was approved by the Senate State and Local Government Committee, sending it to the full Senate for what looms as a climactic vote for final passage. Republican state Rep. John Hodgson said his bill is meant to balance transparency of government business with the privacy rights of public officials.

Michael Abate, an attorney for the Kentucky Press Association, flatly warned that the measure would enable people to subvert the open records law. It would allow public officials to conduct business by text messaging or emails on personal devices. But he said the use of those devices would let them avoid public transparency because the agency would not have to search for the information.

“It creates a giant loophole and it encourages people to walk right through it,” Abate told reporters after the committee meeting. “There’s nothing in the bill that just passed the committee that prohibits the use of text messages on personal devices to avoid transparency.”

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