CORBIN — By Michele Baker / Staff Writer

The Kentucky Attorney General’s office has ruled the City of Corbin violated the Kentucky Open Records Act by denying a request by the attorney of a man who filed a lawsuit against the city.                       

Attorney Tad Thomas had requested all documents concerning Victory Sports and contracts with The Arena and a copy of the personnel files for all persons employed at The Arena.

Thomas represents Walter Richard Brotherton who has filed a lawsuit in London’s U.S. District Court against the City of Corbin, Victory Sports and Shea Corzatt. The lawsuit seeks unspecified damages for injuries Brotherton received when he was hit by a motorcycle driven by Corzatt at a motocross event held at The Arena Jan. 15.

Brotherton, a mechanic at the event, claims the track at The Arena was poorly designed, causing Corzatt to fail to make a turn. The suit claims Corzatt struck Brotherton with his motorcycle, causing severe and permanently disabling injuries to his leg. Brotherton was flown to the University of Tennessee Hospital for treatment of his injuries.

Thomas filed the Open Records Act request on April 6 prior to filing the lawsuit against the city on May 3.

In its decision dated May 19, the Attorney General’s office found the City of Corbin failed to provide sufficient evidence to deny access to documents pertaining to Victory Sports, including “all contracts for events held at The Arena.”

The office wrote there was no specific proof offered to establish any of the records are “generally regarded as confidential or proprietary” or “disclosure would prevent an unfair commercial advantage to competitors” of Victory Sports.

The office also stated the City of Corbin violated the Open Records Act in denying access to public personnel files in their entirety.

City Attorney Bob Hammons said a decision will have to be made about the ruling.

“I have reviewed the decision and need to discuss it with the mayor and the city commissioners to see whether we will appeal,” Hammons said. “The decision didn’t say we have to produce everything and some things can be redacted.”

Hammons said the city was trying to protect confidentiality.

“We were trying to protect the confidentiality of our employees and Victory Sports. If we don’t appeal we have to give him the information he is entitled to, but information can be redacted.”

Hammons said personnel information such as an employee’s address, birthday, Social Security number and bank account information including routing numbers can be marked out to protect the employee.”

Hammons said information given out about Victory Sports would provide competitors unfair information.

“When you are trying to get vendors to put on shows and say you have five motorcycle companies, it would be nice for the other four to know what you are charging.”

Hammons added, “It puts someone at a competitive disadvantage. A company can come in and say you did this deal for this amount of money and we want the same deal or a better one.”

Hammons said Thomas made a request for the complete files of all Arena employees.

“We will go to jail before we do that, or a court is going to have to order us to do it, not the Attorney General.”

Hammons explained to enforce a decision by the Attorney General, an action has to be filed in circuit court.

“This is not a court case, we can agree with the Attorney General and provide some of the information or we can appeal the decision to the circuit court.”

Thomas feels an appeal is unnecessary.

“The Attorney General’s opinion was very strong and it’s a well settled issue of law with a number of opinions. I think any appeal would be fruitless.”

Thomas said the City of Corbin could not justify why they didn’t release the requested information.

“There are a few exceptions to the Open Records Act and if a public agency is going to rely on one of those exceptions, they have to give some justification why those exceptions apply,” Thomas said. “The City of Corbin absolutely did not, or even come close to it. That’s why the decision is by the Attorney General is fairly strong. They made no effort to provide justification for the use of the exceptions.”

Thomas said he has written to the City of Corbin asking them to produce the requested documents. Hammons said the city has 30 days to decide how to proceed.