Judge inks ceasefire in state government battle over new ombudsman’s access to information
Republished from Kentucky Lantern
Kentucky’s Cabinet for Health and Family Services must give the office of the ombudsman read-only access to a computer system, iTWIST, that stores information about abuse and neglect cases, according to an agreement approved by Franklin Circuit Judge Phillip Shepherd.
The access must be granted by the end of day Thursday, Sept. 19, Shepherd said in a Wednesday ruling.
He also requires a report on the status of that access within five business days.
This comes after months of back and forth between Kentucky Auditor Allison Ball’s office, which now houses the ombudsman, and the Beshear administration.
On Sept. 4, Shepherd ordered the dispute into mediation and told the parties to agree on a mediator or he would assign one. They agreed on retired United States Magistrate Judge James D. Moyer.
The memorandum of understanding that Shepherd approved was signed by Jonathan Grate, the new ombudsman, and Eric Friedlander, secretary of the Cabinet for Health and Family Services (CHFS).
Ball’s office assumed oversight of the ombudsman from CHFS on July 1, thanks to a law enacted last year by the legislature, Senate Bill 48.
Ball filed a lawsuit for the access in late August that named Gov. Andy Beshear, Friedlander and Ruth Day, the chief information officer of the Commonwealth Office of Technology.
The ombudsman investigates and resolves complaints about agencies in CHFS, including protective services for children and elderly Kentuckians. Grate, the ombudsman appointed by Ball, can’t do his job without access to iTWIST, (the Workers Information System), Ball previously told lawmakers.
The parties differed in their legal interpretations. The cabinet said access to iTWIST was limited by state law to cabinet social service officials under Kentucky Revised Statute 620.050. The state auditor’s office said the ombudsman is covered under that statute despite moving from the cabinet to auditor’s office.
In his latest ruling, Shepherd said the parties will work on legislation for the 2025 session to address the issue in statute.
James Hatchett, a spokesperson for Beshear’s office, said “today’s resolution is similar to many offers made by the cabinet over the last several months to address the situation until the General Assembly can act.”
“Throughout this process, the governor has agreed the ombudsman should have access to these records, but must do so in a way that complies with applicable state law,” Hatchett said.
Stephanie French, a cabinet spokesperson, said CHFS is “happy” with the resolution that allows “the cabinet and ombudsman both to comply with the applicable law” following months of “significant disagreement on how the law applies to the iTWIST system.”
“We look forward to working with the ombudsman in the upcoming legislative session if necessary,” French said.
In a statement, Ball said, “While it is unfortunate that it required a lawsuit for the governor and CHFS to agree to restore the necessary iTWIST access to the ombudsman’s office, I am pleased with today’s outcome. The agreed order entered by the court today makes sure that the governor and CHFS can no longer stop the ombudsman from accessing iTWIST. They can no longer try to look over the ombudsman’s shoulder while we fight to help people.”
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