Signs hoisted by the audience for an Amendment 2 debate at the Fancy Farm Picnic express conflicting views on the school funding amendment that Kentucky voters will decide in November, Aug. 3, 2024. (Kentucky Lantern photo by Austin Anthony)

Kentucky Attorney General Russell Coleman’s office has denied a Republican political strategist’s open records request and sided with Pulaski County Schools regarding communications about a proposed constitutional amendment that could affect school funding.

In the decision issued Friday, the attorney general’s office said the school district did not violate the state’s Open Records Act when it “denied the request as unreasonably burdensome” according to state law. Blake Gober, a GOP political strategist, had submitted a request for internal and external communications between school district board members and staff with references to “‘Education Opportunities Constitutional Amendment (Ballot Question 2)’; ‘Amendment 2’; ‘Question 2’; ‘Yes on 2’ or ‘No on 2.’”

A public agency may deny open records requests if producing the records would impose an unreasonable burden or if the records custodian “has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency,” under Kentucky state law. However, the agency must provide evidence to demonstrate that.?

“The District explained that, as written, the request sought 18,473 emails from 2,123 District employees,” the open records decision said. “The District also stated that the requested records would need to be reviewed and redacted for exempt information before they could be produced. Finally, the District invited the Appellant to narrow the parameters of his request, stating it would work with him to fulfill such a subsequent request. This appeal followed.”?

TJ Roberts, an attorney representing Gober in the appeal, said the opinion “was a narrow ruling on the broad nature of the request.” Roberts said Gober plans to narrow his request. Roberts is a Republican candidate for the 66th House District in Northern Kentucky.?

Gober said in a Monday afternoon statement that while he was disappointed in the Attorney General’s office ruling, he was more disappointed by the school district. He said he would file a new request rather than seek an appeal in court to continue “seeking the answers the public deserves while seeking to alleviate the supposed ‘unreasonable burden’ that (the school district) claimed they were facing.”

“Their sole job is to educate but they have chosen to use their publicly funded resources to spread disinformation and lies about Amendment 2,” Gober said. “Rather than put students first, they have chosen to fight for the status quo that is failing so many students across our great Commonwealth.”

Last month, Republicans supporting Amendment 2 criticized Pulaski County Schools for posting messages on its websites and Facebook account advocating against the ballot measure. If it passes this November, the amendment gives the General Assembly the ability to fund nonpublic schools. The Attorney General’s office later published an advisory that warned school districts to not use tax dollars to advocate for or against a constitutional amendment.?

Amid the initial backlash, Pulaski County Schools said in a statement that school board members had received open records requests “for their private cell phone and devices for texts or emails discussing this issue.”?

Around that time, the Kentucky Lantern submitted an open records request to Pulaski County Schools for recent requests regarding Amendment 2. Gober’s request was disclosed in response, as well as a request from the Kentucky chapter of Americans for Prosperity for communications with specific search terms, including “Amendment 2,” and a defined timeframe.

The AFP requester told the Lantern the school district provided documents Monday. AFP is a libertarian conservative advocacy group that is campaigning for Amendment 2 in Kentucky.

Pulaski County Superintendent Patrick Richardson did not immediately return a request for comment Monday morning.

This story was updated with additional comments Monday afternoon.?