Fayette schools violated law by refusing to give records to its own board member, AG says

Kentucky Attorney General Daniel Cameron on Monday announced that Fayette County Public Schools subverted the intent of the state Open Records Act when it withheld records from school board member Tyler Murphy.

Murphy had requested records in January about the district’s external auditor, after raising questions for months that the auditing firm had not changed in 13 years.

In February 2019, the school board voted 3-2 to extend the contract of Strothman & Company for the 2018-19 fiscal year, despite opposition from Murphy.

Murphy, who voted against the extension, has not questioned Strothman’s performance. District officials have praised the firm’s work.

The Attorney General ruling said that in January 2020, Murphy emailed his request for the district’s contract with Strothman & Company for auditing services beginning with the 2019-2020 fiscal year, which was approved by the Fayette County Board of Education on December 19, 2019.

Murphy asked for the proposals submitted by Strothman & Company and the firm Barnes Dennig for external auditing services for 2019-2020.

He asked for specific criteria used in evaluating the proposals and score sheets completed for each of the proposals.

The district violated the Open Records Act when it withheld the score sheets, the attorney general’s ruling said.

Fayette County Public Schools also subverted the intent of the Open Records Act, when it declined to accept an open records request via e-mail, according to the ruling.

In response, Fayette district spokeswoman Lisa Deffendall said, “We certainly respect the Office of the Attorney General and will review the opinion and determine the next course of action.”

Murphy said Monday that “it is no secret that providing transparency and oversight are responsibilities I take seriously. “

Murphy said the Attorney General recognized that the district unlawfully withheld information as he pursued that goal.

Murphy said he sought additional materials and information about the district’s audit contract and the evaluation and bidding process because he wanted to be well informed and conduct appropriate due diligence as a board member when making a decision as consequential as approving a contract for auditing services--with a potential cost of half a million dollars.

“As we prepare to confront the real and serious financial ramifications of a global pandemic, this degree of oversight and due diligence is all the more critical,” Murphy said. “...It is unfortunate that I was left with no other recourse than to file an Open Records appeal with the Attorney General’s office.”

He said in light of the attorney general’s decision, he looks forward to reviewing all relevant documents, continuing to ask questions, and working to ensure the district implements and follows processes committed to appropriate transparency and oversight.

“At no time has that been more important as we work together to address the unique and unprecedented challenges facing our community,” Murphy said.

This story was originally published April 20, 2020 at 12:56 PM.