Kentucky Supreme Court to decide if public officials can hide business on personal devices

Can public officials shield themselves from open record laws by using their personal devices and emails to hide their public business?

Kentucky Open Government Coalition lawyer Michael Abate argued at the state Supreme Court hearing, held at Centre College Wednesday, that public business is public business, regardless of where a record is stored.

“There is no difference functionally between a record that two commissioners sent back and forth by text message or email on their personal email or on their official email accounts,” Abate, who also represents Louisville Public Media in First Amendment cases, said. “If they had it, it's all the public's business, and the Open Records Act isn't concerned with the convenience of officials.”

The case revolves around communications within the Kent