Aug. 10, 2012 — A Lexington-based lawyer has requested assistance from the Attorney General’s office to obtain records from the jail consultant employed by Boyd and Carter counties.
According to documents obtained by the Journal-Times on Friday, an open records request was sent by James Deckard to the records custodian for Stanton Consulting, LLC on July 20.
Deckard is currently representing the Kentucky Jailer’s Association, Carter County Jailer R.W. Boggs and Boyd County Jailer Joe Burchett in a lawsuit that attempts to block the implementation of a jail authority that would oversee the operations of the jails in both counties. No mention of the suit is made in the letter to the AG.
Deckard requested copies of contracts between Stanton Consulting, LLC and the State, or agencies within county, city, or other local governing bodies, that were obtained between April 1, 2011 and July 19, 2012.
Also requested were all documents received from, sent to, or given to Carter County Judge-Executive Charles Wallace, the Carter County Fiscal Court, or anyone acting on behalf of the Fiscal Court, between July 1, 2011 and July 19, 2012.
Deckard asked for a number of documents relating to Stanton’s employment with Wallace’s office, invoices and reports issued by Stanton, and all correspondence from or to Loren Carl, U.S. Marshal between July 1, 2011 and July 19, 2012.
Stanton responded to the request on July 24, stating that he did “not believe that the Kentucky Open Records law applies…” to him.
In Deckard’s request to the AG, he argues that Stanton should be required to supply the documents because he is an employee of the office of the Carter County Judge-Executive.
Deckard also argues that Stanton Consulting, LLC appears to derive all revenue from state or local authority funds that are paid outside the public competitive procurement process. The Kentucky Open Meetings Act says that bodies that receive at least 25-percent of their funds from state or local authority are subject to the Act.
Stanton will have the opportunity to respond to the appeal. The AG’s office will have 20 business days to issue a decision.
Both Deckard and Stanton may appeal the Attorney General’s decision to the Circuit Court, if they so choose.
Deckard declined to comment on the appeal.
Carter County GOP Chairwoman Mignon Colley filed a similar appeal with the AG’s office on July 25, after Stanton denied her open records request.
The AG’s office has not issued an opinion on Colley’s appeal.
Leeann Akers can be reached at email@example.com or by phone at (606)474-5101.