Thomas Fox 3044 Bardstown Rd., Box 1149 Louisville, Kentucky 40205 tomwfox@gmail.com 502-442-8308 September 17, 2016 Open Records / Open Meetings decisions 700 Capitol Avenue, Suite 118 Frankfort, KY 40601 Re: Request for review of 9/14/16 Open Records Request to City of West Buechel and its 9/15/16 response : Pursuant to KRS 61.880, I am requesting the review of a response by the City of West Buechel to my Open Records Request of September 14, 2016. A copy of that Open Records request is attached. City Clerk-Treasurer Kim Richards responded in writing by a letter dated September 15, 2016, along with a redacted photocopy of a City check. A copy of that letter and photocopy are attached. The check photocopy redacted all references to the payee and the purpose of the expenditure. To the extent the check was redacted, it represents a denial of a right to inspect. The statement in response, “The City is not in possession of any supporting documentation” is ambiguous. This statement does not preclude the possibility that supporting documentation exists in the hands of a third party such as an independent law firm representing the City. The issues for review: First. The City failed to state any reason for redacting the check. KRS 61.880(1) states, in part: “An agency response denying, in whole or in part, inspection of any record shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld.” Second. Is there any legitimate reason for redacting the payee and purpose of a City check? The City of West Buechel is subject to the reporting requirements of KRS 424.220 which mandates the reporting of all payments in excess of $1,000 to any vendor or payee. KRS 424.220 does not provide for any confidentiality exemptions. Third. If there exists any documentation supporting the expenditure of $10,350, such as a settlement agreement, in the possession of an independent third party, KRS 61.872(4) requires the City to so advise an applicant. “If the person to whom the application is directed does not have custody or control of the public record requested, that person shall notify the applicant and shall furnish the name and location of the official custodian of the agency's public records.”. Fourth. In anticipation of the possibility the City will claim an exemption based upon a settlement of threatened litigation against the City, the Supreme Court of Kentucky has spoken clearly on the subject of settlement agreements. "[I]n Central Kentucky News-Journal v. George, 306 S.W.3d 41 (Ky. 2010) and Lexington-Fayette Urban County Government v. Lexington Herald-Leader Company, 941 S.W.2d 469 (Ky. 1997), we addressed requests for disclosure of settlement agreements in law suits brought by private citizens against, respectively, a school board and a police department. Notwithstanding confidentiality agreements between the parties, we held that the settlements were subject to disclosure. The public's keen interest in knowing the terms of the settlements—the amount of public funds paid out by the agencies in compensation for what injuries to whom—easily outweighed, we explained, the recipients' interest in keeping the settlements private." Lawson v. Office of Attorney General, 415 SW 3d 59 (Ky. 2013) Sincerely yours, Tom Fox Thomas Fox JD 3712 St. Francis Ave. Louisville, Kentucky 40218 tomwfox@gmail.com 502-442-8308 September 14, 2016 To: Kimberly R. Richards, Clerk-Treasurer City of West Buechel 3705 Bashford Avenue West Buechel, Kentucky 40218 DELIVERED BY Fax to 502-456-6928 & via emailed PDF attachment to r.richards@westbuechelky.gov & k.richards@westbuechelky.gov Re: Open Records Request – August, 2016 City check issued for $10,350 Dear Ms Richards: The August, 2016, Check Detail report you prepared recently shows a City check having been issued on August 13 in the amount of $10,350 for "Legal Services – Admin." I hereby request to inspect that cancelled check and to inspect all documentation supporting such expenditure of public funds. Sincerely yours, Thomas Fox Page 1 of 1 John Campbell CITY CLERK Toby Clark TREASURER 3705 BASHFORD AVENUE Loy Crawford Brenda Gerald-Singleton WEST KENTUCKY 40218 Brenda Moore Jame Mosely Office: (502) 459-4400 Fax: (502) 456-6928 ?lag Hf 333951 1131191; Bl September 15. 2016 Mr. Tom Fox 3371?.) St. Francis .\\enne KY ?0218 Deni Fox: In response to your open records request oI?9/?l 1/2016, enclosed is the recon! you requested. The City is not in possession supporting documentation. Be advised that our open records policy has changed. and the new policy and forms are enclosed for your convenience. Sincerely. Rn Richards City Clerk/l?rensnrer '1 ?5 2016 Inerk Hinge} Check Images Check Number Amount Date Posted Account Type Account Number 1359 $10350.00 08/16/2016 Checking 5187442003 Front View How to save Image 1359 ?3.31300 I I :5 19910~ Click Image to Enlarge View ?low to save 'hls image Click Image to Enlarge huD a )qu - com 4?