A Christian Circuit Court judge has ruled the Kentucky New Era was within its right as a news organization to inspect hundreds of reports relating to threats reported last year to the city’s police department.

Circuit Judge Andrew Self issued a seven-page opinion Thursday, agreeing with Attorney General Jack Conway’s decision that the city of Hopkinsville failed to meet its burden of proof for withholding several police reports and inappropriately redacting information on others.

Mayor Dan Kemp said Friday he has asked City Attorney Doug Willen and the Kentucky League of Cities to review the decision. The city has three options, Kemp said: turn over the records, ask Self to reconsider or file an appeal.

“This would set a precedent to cities all across the state that I’m not sure is the right precedent,” Kemp said. “Not only for Hopkinsville, but for other cities.”

Willen could not be reached Friday for comment.

Former New Era News Editor Julia Hunter requested in September all reports referencing threats made in Hopkinsville during an eight month period. City Clerk Crissy Upton provided more than 400 reports, but withheld others, saying they either involved juveniles or were under investigation.

Kentucky’s open records law does provide exemptions, but the agency possessing the documents is required to prove that disclosing the information would unduly harm the investigation or those involved.

“We believe the most basic premise of Kentucky’s open records law protects the public’s right to inspect reports completed by police agencies,” New Era Editor Jennifer P. Brown said, “including arrest citations and the initial incident report that is filed when a citizen calls police to report a crime.”

Conway ruled in December the New Era should be given the records, but the city appealed to Christian Circuit Court, where Self was assigned the case.

“The records requested by the New Era were reasonable, appropriate and consistent with its function as a member of the news media to inform the public of the operations of local government,” Self said in his decision.

Self added that while the city’s response to Hunter’s request was “thoughtful based on its interpretation of applicable law,” withholding the requested reports and redacting personal identifying information was a violation of the Kentucky Open Records Act.

The reports earlier provided to the New Era by Upton omitted “personal information,” which included gender, race and ethnicity.

“If there is a dispute about which records should be released or withheld, it is incumbent upon the public agency to prove in circuit court why a particular exemption applies,” Self said. “To allow otherwise would be akin to the proverbial fox guarding the hen house.”

Kemp said no decision has been made yet on what the city plans to do. He said “some action” could be taken within the next couple of weeks.

“If a police agency is allowed to withhold the very proof of its work in the way the city of Hopkinsville wants to withhold these records, it becomes impossible for news agencies and private citizens to understand the types of crimes committed in a community and how police are responding to those crimes,” Brown said. “Collectively, police reports offer valuable information about trends and patterns in crime. That information should be available to the public.”