In the category, "Stupid is as stupid does," the Oscar goes to Lexington-Fayette Urban County Government.
LFUCG recently produced an ostensibly "redacted" copy of a blank "formal complaint" form watermarked "For Official Use Only" in response to an open records request submitted by Kentucky Open Government Coalition director Scott Horn.
Horn requested "a copy of the blank Formal Complaint Form (Form #111) document used by the PIU to initiate a formal complaint?"
LFUCG's explanation for its decision to deface the blank form in responding to Horn's request?
"Pursuant to your request our office has provided a copy of the Lexington Police Department's Formal Complaint Form 111. Please note that the form is for official use only. If you would like to file a complaint with the Lexington Police Department you may contact our Public Integrity Unit (PIU) during regular business hours or use the online form to file [an informal] complaint about a Lexington Police Officer."
(LPD policy does not require an investigation into allegations contained in an informal complaint.)
In other words, LFUCG provided no explanation for the copious "redactions" or the watermark on the formal complaint form.
Adding insult to injury, LFUCG rebuffed Horn's follow-up inquiry concerning the liberal "redactions" and watermark. Horn noted the absence of the statutorily required explanation for LFUCG's heavy "redactions." He cited a 2019 open records decision determining that the State Board of Elections violated the open records law when it provided the requester with copies of responsive records altered with page numbering stamps and watermarks.
https://ag.ky.gov/Priorities/Government-Transparency/orom/2019/19ORD087…
LFUCG responded:
"OR-21-795 is considered to be a closed matter. The Attorney General has stated that agencies do not have to provide documents that do not exist, nor honor requests for information as opposed to requests for specifically described documents, nor create records that do not already exist in order to answer questions, nor are they required to do research to make lists or compile information to answer questions."
LFUCG's defies logic.
The requested record clearly exists, and Horn is entitled to an "unredacted"/unaltered copy.
It could be argued that LFUCG falsely altered a public record in contravention of KRS 519.060 by defacing and watermarking the requested blank form. There is virtually no doubt that the agency's actions constitute subversion of the intent of the law short of denial of inspection under KRS 61.880(4).
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19864
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23065
This may be the single most gratuitous exercise of arbitrary "redaction" and — ultimately —
alteration of a wholly nonexempt public record "on record."
On second thought, the Rotten Tomato goes to LFUCG for "special effects."
