Write-in candidate continues fight for records
From Sunshine Review
27 November 2008During the last election, write-in candidate for Urban County Council Randy Tobia requested all of current councilman Tom Blues' city emails for September 22. The city denied his request, saying the request was too broad. Tobia is preparing to take them to court.[1]
[edit] Attorney General Opinion
In response to the denied records, the Attorney General's office issued an opinion on October 23 stating that that city violated the Kentucky Open Records Act. The opinion stated, "Although Mr. Tobia's request was broad in scope, the council failed to demonstrate the existence of an unreasonable burden in producing the requested records." The city was given 30 days to appeal the opinion, which it has failed to do.[1]
[edit] Horn Letter
After the 30 days came and went, Tobia attempted to get the records from city hall, but was denied again. He received a phone call from the head of the legal department for Lexington, Logan Askew. Askew directed Tobia to a letter from city lawyer Keith Horn, which he received after the Attorney General's opinion. In it, Horn states that it would take a city employee, working 8 hour days, 41 days to fulfill the request. The enormity of the undertaking is too much for the city, and it would not provide the records.[1]
[edit] Entitled to the records
Tobia disregarded the letter, saying they can send him as many as they like. He stated, "Their job was to appeal the Attorney General's opinion to the court. They didn't do that. Now I'm going to have to go to court, hire an attorney, which could cost anywhere between $5,000 and $7,000."
Louisville lawyer Jon Fleischaker, who specializes in the Open Records Act, said that if the city disagrees with an opinion from the attorney general, they must appeal in the Fayette Circuit Court. Since they did not do that, Tobia is entitled to the records.
Fleischaker stated, "All he has to do is go to the court, file a simple complaint and show that the attorney general ruled against the city,". And that is precisely what Tobia plans to do.[1]
