Opinion
Opinion By: Chris Gorman, Attorney General; Amye B. Majors, Assistant Attorney General
OPEN RECORDS DECISION
This is a companion decision to 92-ORD-1232 in which the Attorney General left unresolved the question of whether the Kentucky Association of Counties, hereinafter referred to as KACo, is a "public agency" for purposes of the Open Records Act. In that decision we held that KALF (KACo All Lines Fund), COLT (KACo Leasing Trust), KARP (KACo Advanced Revenue Program), and KAMP (KACo Medical Program), all of which are programs administered by KACo, are "public agencies" within the meaning of KRS 61.870(1)(k). These programs were created under the Interlocal Cooperation Agreement Act, codified at KRS 65.210, et seq., and were therefore constituted as interagency bodies of two or more counties. In addition, we held that KACo-KLC, the worker's compensation pool administered by KACo and the Kentucky League of Cities, was a "public agency, " as defined at KRS 61.870(1)(k), because it was an interagency body of two or more public agencies formed pursuant to KRS 342.350(4). Because we did not have sufficient facts upon which to base our decision relative to the status of KACo itself, we deferred action on this question.
In 93-ORD-96, we dealt with the issue of KACo's status as a "public agency" in the context of an open records appeal submitted by the editor of The Paducah Sun, Mr. Jim Paxton. We held that because KACo derives 25% or more of its funds expended by it in the Commonwealth from state or local authority funds, it is a public agency within the meaning of KRS 61.870(1)(h). KACo receives public agency funds totalling $ 246,000.00 from county membership dues, KALF membership dues, COLT membership dues, KARP membership dues, and KAMP membership dues. These combined funds represented slightly more than 48% of its 1992-1993 budget. It is therefore subject to the Open Records Act.
We believe that 93-ORD-96 is dispositive of the question left unresolved in 92-ORD-1232, and incorporate the analysis contained therein by reference.
KACo may challenge this decision by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882.