Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that Sojourners' Consultants Christian Counseling is not a public agency for open records purposes, and therefore cannot be said to have violated the Open Records Act in the disposition of Wayne Eplion's December 13, 2006, request for "counseling records, reports, and conclusions" relating to five children identified by name, date of birth, and, in some cases, social security number. It is the decision of this office that 02-ORD-119 and 05-ORD-097, copies of which are attached hereto and incorporated by reference, are dispositive of the issue on appeal. Like the private entities to which open records requests were directed in those decisions, Sojourners' Consultants Christian Counseling does not derive at least twenty-five percent of its funds from state or local authority funds, or otherwise fall within the parameters of KRS 61.870(1)(a) through (k), and therefore is not a public agency for open records purposes. On behalf of Sojourners' Consultants, Ms. Nada Harrington-Bocook has advised this office that she operates her business as a sole proprietorship and denies receipt of any state or local funding. She submits documentary proof in support of her statements. Because the Open Records Act does not govern Sojourners' Consultants, we find no violation of the Act.
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.
Wayne Eplion, # 161020Nada Harrington-BocookSojourner's ConsultantsChristian Counseling1401 Winchester Avenue, Ste. 40EAshland, KY 41101