‘Crooked’ or ‘dumb as a doorpost.’ Citizens fight KY city that broke open records law.

Thwarted and dismissed at every turn, Terry Thornsberry is disgusted by the leaders of the city of Martin, a small town in Floyd County about eight miles from Prestonsburg.

He’s one of about 80 property owners who could face costly new taxes resulting from a controversial annexation effort by Martin.

For months, Thornsberry has been trying to view documents detailing the policies and financial position of Martin — documents he thinks should be easily accessible and open to the public. Those records include a copy of the city’s code of ordinances, a list of employees on the city’s payroll, and its written policy for employees’ use of vehicles.

His questions and formal records requests have been met with nothing but delays and outright denials, he said.

“They’re either crooked or they’re as dumb as a doorpost,” Thornsberry said. “There’s no transparency whatsoever.”

Last week, Kentucky Attorney General Andy Beshear’s office ruled that Martin violated and subverted the intent of the Kentucky Open Records Act by refusing to release records requested by Thornsberry and another affected Floyd County resident, Rita Daniels.

Some of the proposed annexed area sits 10 miles away from Martin, a city with fewer than 700 residents, said Daniels, who owns an electronics store in the area facing annexation.

The annexed area also includes schools in the Floyd County Public Schools system, restaurants, dentist offices and barber shops.

Both she and Thornsberry contend the annexation is an unfair effort to tax property and business owners who would never receive services, such as water and sewer, from the city.

“It’s absolutely an abuse of our area and of our people — to want to take our money without representing anything,” Daniels said. “And on top of that we can’t get any information.”

In one opinion, Beshear’s office ruled the city violated the Open Records Act by failing to release its code of ordinances, and by failing to respond to the attorney general’s office during the appeals process.

In two other cases, the city “subverted the intent” of the law by delaying responses to records requests without reasonable cause.

All three records requests were filed in January, but Thornsberry said he has yet to receive the first document.

Neither the city’s mayor, Sam Howell, nor its attorney, Doug Adams, responded to requests for comment for this story.

“We’re through playing that game,” Thornsberry said. “They’re gonna abide by the law or they’re gonna answer to a judge.”

The city has proposed annexing 33 miles of roadway along the left and right forks of Beaver Creek, but, according to local news reports, the exact area of the annexation has changed several times.

According to a February report from the Floyd County Chronicle and Times, the city changed its scope from an 800-acre swath to one just shy of 600 acres.

Throughout the annexation process, city officials have failed to properly announce meetings concerning their plans, and have refused to answer questions from affected residents, Thornsberry said.

Instead, officials told Thornsberry and others to file open records requests, he said.

“So that’s what we did.,” Thornsberry said. “When we did that, they refused to give us information again.”

Both Thornsberry and Daniels, who helped found a local citizens’ group that has opposed the annexation, said they will consider pursuing the records with the help of an attorney.

Other Floyd County officials, including Judge-Executive Robert Williams, have opposed the annexation.

In one letter issued to “the citizens of Floyd County,” Williams and four Floyd County magistrates wrote that “property taxes, restaurant taxes, insurance premium taxes and occupational taxes are without a doubt driving the decisions being made by the Mayor and the City Council.”

“This type of ‘land grab,’ for the sole purpose of taxing those within, simply is unfair, unrealistic, unnecessary and unwanted,” they wrote.

According to the Floyd County Chronicle and Times, the Prestonsburg City Council issued a municipal order objecting to the annexation.

State Sen. Johnny Ray Turner, D-Prestonsburg, also spoke out against the annexation and called on city officials to withdraw the proposal.

Thornsberry said officials have failed to be transparent about the annexation process from day one.

Residents of the annexed areas were not notified of meetings to discuss the annexation, which was first proposed in November, he said.

The city has failed to produce basic records such as maps of the annexed area and an accurate list of annexed properties.

Although residents in the annexed area would have to pay city taxes, Martin would not provide additional services — sewage, water or garbage — to annexed residents and property owners, he said.

The city would provide additional policing to the annexed areas, he said.

Thornsberry and Daniels said they have raised about $14,000 for legal fees as they continue to seek records from the city.

“It’s taxation without representation,” Thornsberry said. “Legalized robbery is what it amounts to.”

This story was originally published March 20, 2019 at 4:02 PM.