Opinion
Opinion By: Jack Conway, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
This matter is before the Attorney General on an open records appeal brought by Walter H. Park, Jr. In his appeal, Mr. Park asserts that McBride Towing failed to respond to his open records request for a "copy of proof of registered letter, notice of non-judicial sale, supporting affidavit, advertisement of non-judicial sale and notification to owner of McBride's Towing having possession of owner's vehicle. Pursuant to KRS 376.275; KRS 376.280; KRS 375.270; KRS 376.070 and; KRS 186.200/KRS 424. Owner: Walter Park Vehicle: 1192 Honda Civic, White, Ky registration #962ANP."
The threshold issue in this appeal is whether the private company involved here 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.
Both the Richmond City Attorney and the Madison County Attorney have affirmatively advised this office that McBride Towing is a private company and not associated with either the City of Richmond or Madison County, Kentucky. No assertion or evidence is presented in this appeal that the private towing company derives at least twenty-five percent (25%) of its funds expended by it in the Commonwealth of Kentucky from state or local authority funds.
Because the private towing company involved in this appeal is a private company and does not fall within the definition of a "public agency" to which the Open Records Act applies, it is not subject to the operation of the Open Records Act and is not required to release its records for inspection or to adhere to KRS 61.880(1) relative to an open records request. KRS 61.870(1); 93-ORD-127. Accordingly, McBride Towing cannot be said to have violated 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.