Kentucky Attorney General Andy Beshear filed in support of a summary judgment in cases involving the College Heights Herald and Kentucky Kernel, both of whom had sought records pertaining to sexual misconduct charges against university employees.
Beshear’s motion, filed Thursday, states:
The Attorney General is entitled to judgment as a matter of law pursuant to the plain and unambiguous language of KRS 61.880(2)(c). KRS 61.880(2)(c) provides the Attorney General with the authority to request and to conduct a confidential and in camera review of any records a public agency refuses to provide in response to an open records request. The Family Education Rights and Privacy Act (“FERPA”) does not prohibit a public agency from providing such records for review as the review is not a public disclosure – but an adjudicative one. Reading KRS 61.880(2)(c) any other way would violate the directive of the Kentucky Supreme Court that courts “interpret statutes, as written, without adding any language to that statute, even in open records cases.” Commonwealth v. Chestnut, 250 S.W.3d at 661. Western Kentucky violated the Kentucky Open Records Act by failing to provide the records involved in the underlying open records appeal to the Attorney General for substantiating, in camera review. Because Kentucky law is clear and no genuine issue of material fact remains, this Court should grant the Attorney General’s Motion for Summary Judgment.
Here is a pdf copy of the Attorney General’s Motion for Summary judgment — AG, 3-1-2018, Motion For Summary Judgment As Submitted to WCC
A hearing on the motion is scheduled for April 6.