Opinion
Opinion By: Jack Conway, Attorney General; James M. Ringo, 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 because the Knox-Whitley Animal Shelter does not derive at least twenty-five (25%) of its funds expended by it in the Commonwealth from state or local funds, it is not a "public agency" within the meaning of KRS 61.870(1)(h) and is not bound by the provisions of the Kentucky Open Records Act, and therefore it is not required to either release its records, or to adhere to procedural requirements, in response to a request for its records under the Act. We believe that 08-ORD-111, a copy of which is attached hereto and incorporated by reference, is controlling authority on this appeal.
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.
Distributed to:
Jeff WaltersAmy YoungPat White, Jr.Paul K. Winchester