By: Dewey R. Wotring
On October 16, 2008 a lawsuit was filed in Oldham Circuit Court by Magistrate Scott Davis. The suit covers two issues. The first is a closed session that was held by the Fiscal Court on September 16, 2008 and the second issues concerns other the anonymous (secret) donor to the Oldham County Fiscal Court.
Davis alleges that the Fiscal Court went into closed session for one purpose, that being personnel, but instead discussed other issues which were not related to personnel.
In the second issue Davis filed for the name of the secret donor of $100,000 with County Judge Duane Murner. In his open records request, Davis asked that he be furnished the name of the donor and other documents related to the donation such as the cancelled check and the deposit ticket. In support of his request for the donor, Davis cited a recent Kentucky Supreme Court decision regarding open records. In his response to Davis, Judge Murner stated that the decision was not final and therefore could not be cited.
The question as to whether the closed session was legal or illegal is likely to raise some interesting arguments from both sides. However, the issue regarding the anonymous donor should result in a "slam dunk" in favor of Magistrate Scott Davis. The request for the name was filed by Davis on September 22, 2008. In that request, Davis cited the case of Cape Publications Inc. D/B/A The Courier Journal V. University of Louisville Foundation, Inc. On September 24, 2008 Murner denied Magistrate Scott Davis' request. In the denial, Murner stated that the decision cited by Davis was not final and that he should be aware of that. The fact is that the decision WAS final and Murner should have been aware of that. A search at http://apps.kycourts.net/supreme/sc_opinions.shtm will reflect that the case was rendered on August 21, 2008 and was stamped in block letters as being final on September 11, 2008 - twelve days before Davis filed his request on September 23, 2008.
Murner's statement leads to one of two conclusions. First, he relied on his own ability to review the decision and he lacked the ability to properly research the decision or, second, he relied on an attorney who was inept. Regardless, either situation does not bode well for the residents of Oldham County. When Judge Murner was running his campaign, he constantly reminded people that he was a Harvard graduate as though a degree from Harvard made him superior to someone holding a degree from any other university. Believe me, there are a lot of graduates of many lesser schools who could have discovered that the decision was final.
On two previous occasions it has been determined that Murner participated in illegal closed sessions of the Fiscal Court. In fact, he was the driving force behind the meetings. Now, he wants to deny the public access to public records which are clearly covered by the Open Records Act and are records the Supreme Court of Kentucky has determined must be released. Murner continues to cloth himself and his actions in secrecy. What has got to hide? We might be shocked.
As I have previously stated on this site, if one dime of taxpayer money is spent to fight the release of the name of the donor, the public should demand Murner's resignation. By continuing to deny the request for the name of the donor, Murner continues to demonstrate his lack of respect for the law. In my opinion a person who has no respect for the law cannot be trusted.
On October 16, 2008 a lawsuit was filed in Oldham Circuit Court by Magistrate Scott Davis. The suit covers two issues. The first is a closed session that was held by the Fiscal Court on September 16, 2008 and the second issues concerns other the anonymous (secret) donor to the Oldham County Fiscal Court.
Davis alleges that the Fiscal Court went into closed session for one purpose, that being personnel, but instead discussed other issues which were not related to personnel.
In the second issue Davis filed for the name of the secret donor of $100,000 with County Judge Duane Murner. In his open records request, Davis asked that he be furnished the name of the donor and other documents related to the donation such as the cancelled check and the deposit ticket. In support of his request for the donor, Davis cited a recent Kentucky Supreme Court decision regarding open records. In his response to Davis, Judge Murner stated that the decision was not final and therefore could not be cited.
The question as to whether the closed session was legal or illegal is likely to raise some interesting arguments from both sides. However, the issue regarding the anonymous donor should result in a "slam dunk" in favor of Magistrate Scott Davis. The request for the name was filed by Davis on September 22, 2008. In that request, Davis cited the case of Cape Publications Inc. D/B/A The Courier Journal V. University of Louisville Foundation, Inc. On September 24, 2008 Murner denied Magistrate Scott Davis' request. In the denial, Murner stated that the decision cited by Davis was not final and that he should be aware of that. The fact is that the decision WAS final and Murner should have been aware of that. A search at http://apps.kycourts.net/supreme/sc_opinions.shtm will reflect that the case was rendered on August 21, 2008 and was stamped in block letters as being final on September 11, 2008 - twelve days before Davis filed his request on September 23, 2008.
Murner's statement leads to one of two conclusions. First, he relied on his own ability to review the decision and he lacked the ability to properly research the decision or, second, he relied on an attorney who was inept. Regardless, either situation does not bode well for the residents of Oldham County. When Judge Murner was running his campaign, he constantly reminded people that he was a Harvard graduate as though a degree from Harvard made him superior to someone holding a degree from any other university. Believe me, there are a lot of graduates of many lesser schools who could have discovered that the decision was final.
On two previous occasions it has been determined that Murner participated in illegal closed sessions of the Fiscal Court. In fact, he was the driving force behind the meetings. Now, he wants to deny the public access to public records which are clearly covered by the Open Records Act and are records the Supreme Court of Kentucky has determined must be released. Murner continues to cloth himself and his actions in secrecy. What has got to hide? We might be shocked.
As I have previously stated on this site, if one dime of taxpayer money is spent to fight the release of the name of the donor, the public should demand Murner's resignation. By continuing to deny the request for the name of the donor, Murner continues to demonstrate his lack of respect for the law. In my opinion a person who has no respect for the law cannot be trusted.
