Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
This matter is before the Attorney General on appeal by Ina Gail Warren Carnes for the failure of CS Enterprises and Eula Dean Woolum to respond to her open records request. The question presented in this appeal is whether either CS Enterprises or Eula Dean Woolum is a "public agency, " as defined by KRS 61.870(1), and thus subject to the application of the Open Records Act.
This office has consistently recognized that a private company or corporation does not come within the purview of the Open Records Act unless it "derives at least twenty-five percent (25%) of its funds expended by it in the Commonwealth of Kentucky from state or local authority funds." KRS 61.870(1)(h). 97-ORD-114; 96-ORD-15.
In order to obtain additional information and documentation relating to these appeals, and as authorized by KRS 61.880(2) and 40 KAR 1:030, this office requested information from CS Enterprises to determine whether it fell within the definition of a "public agency, " as defined in KRS 61.870(1)(h).
CS Enterprises advised that it was a private company and confirmed that the company did not derive at least twenty-five percent (25%) of its funds expended by it in the Commonwealth of Kentucky from state or local authority funds.
We have been unable to reach Ms. Woolum, as mail sent to her at the address provided by Ms. Carnes with her letter of appeal has been returned as not deliverable. However, we note that the Kentucky Open Records Act does not apply to private citizens. It applies to "public agencies, " as defined by KRS 61.870(1), which provides:
(1) "Public agency" means:
(a) Every state or local government officer;
(b) Every state or local government department, division, bureau, board, commission, and authority;
(c) Every state or local legislative board, commission, committee, and officer;
(d) Every county and city governing body, council, school district board, special district board, and municipal corporation;
(e) Every state or local court or judicial agency;
(f) Every state or local government agency, including the policy-making board of an institution of education, created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act;
(g) Any body created by state or local authority in any branch of government;
(h) Any body which derives at least twenty-five percent (25%) of its funds expended by it in the Commonwealth of Kentucky from state or local authority funds;
(i) Any entity where the majority of its governing body is appointed by a public agency as defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), or (j) of this subsection;
(j) Any board, commission, committee, subcommittee, ad hoc committee, advisory committee, council, or agency, except for a committee of a hospital medical staff, established, created, and controlled by a public agency as defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), or (j) of this subsection; and
(k) Any interagency body of two (2) or more public agencies where each public agency is defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), or (j) of this subsection.
Because the company involved in this appeal does not derive at least twenty-five (25%) of its funds expended by it in the state from state or local funds, it does not fall within the definition of a "public agency" to which the Open Records Act applies. Accordingly, the company is not subject to the application of the Open Records Act and is not required to adhere to KRS 61.880(1) relative to responding to an open records request or other provisions of the Act. 93-ORD-127.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.
Ina Gail Warren CarnesP.O. Box 84Arjay, KY 40902
CS Enterprises519 Kentucky AvenuePineville, KY 40977