Opinion
Opinion By: Jack Conway, Attorney General; Amye 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 Melco-Greer, LLC, a private limited liability company, presents uncontested evidence that it does not meet the definition of a "public agency" under KRS 61.870(1)(h). Accordingly, it is not obligated to afford John Rogers access to records responsive to his October 3, 2011, request for a list of the company's expenditures from January 1, 2011, to August 31, 2011.
Mr. Rogers specifically requested "a list of expenditures of your company, including check number, date, amount and payee for all checks written from January 1, 2011 to August 31, 2011, . . . includ[ing] checks written to consultants, salaried individuals, and organizations." In its November 15, 2011, response, Melco-Greer expressed the belief that it is "a private for profit corporation rather than a public agency . . . ." From that response Mr. Rogers initiated this appeal to the Attorney General.
KRS 61.870(1)(h) defines "public agency" as 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." In supplemental correspondence directed to this office, Melco-Greer provided an affidavit from its manager, James Mel Greer, in which he attested that Melco-Greer does not derive 25% of its funds expended in the Commonwealth of Kentucky from state or local authority funds within the meaning of KRS 61.870(1)(h). Mr. Rogers' request and subsequent appeal provide no basis upon which to dispute Mr. Greer's affidavit. Therefore, under the principles enunciated in 09-ORD-033 (copy attached) , we find that Melco-Greer is not a public agency. It was not obligated to comply with Mr. Rogers' request under the Open Records Act. See also 11-ORD-197 (copy attached) and authorities cited therein.
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:
John RogersJames Mel GreerDavid B. Blandford