We looked through 12 years of public records appeals. Universities continue to violate records law
Public universities in Kentucky are among the most frequent violators of the state’s public records law, an analysis by the Herald-Leader shows.
After hearing reports of universities increasingly denying open records requests — and receiving several of those denials at the Herald-Leader — reporters Monica Kast and Kendall Staton compiled all appeals to the Kentucky attorney general related to public universities and the Kentucky Community and Technical College System.
They spent several months analyzing 12 years of appeals records on the attorney general’s website and read through the results of each appeal. For the University of Kentucky, the largest university in the state, reporters reviewed appeals dating back to 2000 to see a fuller picture of appeals results.
What resulted was a giant spreadsheet, with information about the records requested and the result of the appeal.
Nearly two-thirds of the time, across Republican and Democratic attorneys general, universities were found to have violated the open records law on appeals.
We then reached out to a handful of parties who went from an appeal to a lawsuit in pursuit of records, and leaders in open records law.
The Kentucky Open Records and Open Meetings acts protect the public’s right to obtain records maintained by state and local government agencies, including institutions who receive at least 25% of their funds from the government. That includes public universities, and includes having access to meetings held by and documents used by those groups.
The open records law encourages public officials to act in the best interest of their constituents and “ensures better government,” said Amye Bensenhaver, co-founder of the Kentucky Open Government Coalition.
“It provides an impetus for agencies to pursue the public good. It’s the idea that when you’re scrutinized and there’s oversight, you have an impetus beyond commitment to public service that impels you toward the good,” she said.
The Herald-Leader’s investigation underscores the organization’s commitment to protect the interest of Kentuckians, said Richard Green, the newspaper’s executive editor.
“Too often across the commonwealth, we see public employees and public agencies and governments ignore Kentucky’s laws related to public documents and open meetings,” he said. “Those whose salaries are paid by taxpayers forget for whom they work: The taxpayers.”
The Herald-Leader analysis of universities’ track record in handling public records requests comes during Sunshine Week 2025. That’s an annual effort by a nonpartisan collaboration of journalists, civic leaders and supporters of the First Amendment that shines a light on the importance of public records and open government.
“This week and every week, our staff will remain vigilant in reminding public officials that for a half-century, laws are on the books to ensure public documents are available to Kentuckians, and government-sanctioned meetings must be open,” Green said. “Despite obstacles, we’ll continue to do this important work and call out those who ignore the law.”