LOUISVILLE, Ky. (WDRB) -- The Kentucky Attorney General's Office has ruled that Jefferson County Public Schools violated the state's open records law by blacking out too many details from records showing how the school district handled a workplace complaint involving a former high-level employee.

WDRB News appealed to the Attorney General's office after receiving a copy of the district's investigation of former communications chief Helene Kramer, whom Superintendent Donna Hargens admonished for making an inappropriate comment about another employee on Dec. 12.

In response to a request under the Kentucky Open Records Act, JCPS had provided WDRB heavily redacted copies of reports relating to the Kramer investigation and of Hargens' letters to the employees who raised concerns about Kramer's comments.

In a decision released Friday, Assistant Attorney General James Herrick wrote that JCPS "has not met its burden of justifying all of the extensive redactions and omissions in its response." The Attorney General's office ordered JCPS to review and modify its redactions to the records. 

Tyson Gorman, an attorney representing JCPS, said the district blacked out the name of the employee about whom Kramer made the inappropriate comment, the nature of comment and the entirety of the employee's allegations against Kramer "at the request of the employees who requested confidentiality."

The Attorney General's office found that JCPS was right to black out "specific details...related to the primary complainant's personal life," but that the district withheld other details that "went beyond the protection of these employees' identities, so as to obscure even the general nature of the complaint."

"We find that the interest in disclosure of the general nature of the complaint against Ms. Kramer goes directly to the purpose of the Open Records Act, as it relates to the public's ability to to know how a public agency is handling allegations of misconduct," the Attorney General's opinion states. "Therefore, the public interest in knowing the outcome of the investigation is legitimate."

Herrick said JCPS "failed to meet is burden of justifying the redaction of practically all substantive information regarding the agency's response," and said the district must now "review these redactions in light of this decision and make appropriate modifications."

JCPS can appeal the decision to Circuit Court, Herrick said.

Gorman told WDRB News Tuesday that JCPS will "have to do something, whether it is to appeal or comply with the order." 

He said the district will talk to the employees involved and make a decision within 30 days.

"We attempted to do what we did in order to protect the confidentiality of certain employees, which the AG's office agreed we were correct in doing," Gorman said. "The AG's office also says we went too far, but the opinion doesn't really say how far or how we can release additional information without running afoul of the confidentiality issue."

Kramer left the communications job in June after Hargens declined to renew her one-year contract. 

Barry Fulmer, WDRB News director, said the TV station is hopeful JCPS will comply with the decision and that no further action will be necessary.

"We believe it’s important for the public to understand how our $1 billion school district handles personnel issues, including those involving high-ranking administrators," Fulmer said. "We’re pleased that the Attorney General’s office agreed with us that JCPS improperly withheld information from public scrutiny."

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