In a recent ruling, the Kentucky Transportation Cabinet (KYTC) was found to have violated the state’s open records law by heavily redacting RiverLink reports provided to WDRB News. This decision, issued by Attorney General Russell Coleman’s office, has significant implications for transparency and accountability in the state’s transportation operations.

Background: RiverLink Reports and ETC

The reports in question were sought by WDRB for a story analyzing the performance of Electronic Transaction Consultants (ETC), the company tasked with operating the Ohio River toll system since September 2023. These reports track various metrics such as customer service interactions and wait times at RiverLink offices in Louisville and Jeffersonville, Indiana.

Violation of Open Records Law

KYTC’s response to WDRB’s request included heavy redactions, citing proprietary information of ETC as justification. However, the attorney general’s office ruled that KYTC failed to demonstrate that these redactions were permissible under state law. Specifically, the ruling noted the absence of a written confidentiality agreement between KYTC and ETC regarding the disclosed information.

Precedent and Transparency

The ruling also highlighted the discrepancy between KYTC’s redactions and its previous practice of providing unaltered reports from ETC’s predecessor, Kapsch TrafficCom. This inconsistency, coupled with the public interest in transparent operations, led to the decision in favor of WDRB’s appeal.

Implications for Accountability

Despite the redactions, WDRB was able to report on ETC’s challenges in meeting customer service goals on the toll network. This ruling reinforces the importance of transparency in public-private partnerships and holds agencies accountable for providing comprehensive information to the public.

Conclusion: Upholding Transparency and Accountability

As WDRB continues its watchdog role in scrutinizing RiverLink operations, this ruling serves as a victory for transparency and accountability. The public’s right to access information about the efficiency and performance of transportation systems is essential for informed decision-making. KYTC’s potential appeal notwithstanding, this ruling underscores the importance of upholding open records laws for the benefit of the community.

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