Today, the Kentucky Open Government Coalition submitted an open records request to the Kentucky Public Pensions Authority for copies of all "Invoices/Billing Statements submitted by Calcaterra Pollack for services rendered under the contract with Kentucky Retirement Systems executed on November 25, 2020," pictured below.
Under a 2008 opinion of the Kentucky Court of Appeals — Cabinet for Health and Family Services v Scorsone — and supported by numerous Attorney General open records decisions — billing statements submitted by nongovernmental attorneys to public agencies for services rendered under contracts with the agencies are accessible under the open records law.
https://caselaw.findlaw.com/ky-court-of-appeals/1329473.html
These nonexempt public records will provide insight into what services Calcaterra Pollack performed that justified a $1.2 million price tag for the report KPPA refuses to disclose.
The full text of our request follows:
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"This is an open records request submitted pursuant to KRS 61.880(1) for a copy of all invoices/billing statements (including but not limited to nonprivileged descriptions of services rendered) submitted by Calcaterra Pollack, LLP, to the Kentucky Retirement Systems or the Kentucky Public Pensions Authority for services rendered under the $1.2 million contract with the Kentucky Retirement Systems 'to investigate specific investment activities conducted by the Kentucky Retirement Systems to determine if there are any improper or illegal activities on the part of the parties involved. . . . ' The contract to which I refer is found at: https://secure.kentucky.gov//TransparencyWebApi/v1/Contract/ContractPDF…
"In support of this request, I submit Cabinet for Health and Family Services v. Scorsone, 251 S.W.3d 328, 329 (Ky. 2008), recognizing the public's right of access to billing statements of nongovernmental attorneys under contract with a public agency.
"This request is submitted for noncommercial purposes.
"If the Calcaterra Pollack's invoices/billing statements are/were delivered, or are maintained, in an electronic format, I request that the invoices/billing statements be transmitted to my email address.
"If Calcaterra Pollack's invoices/billing statements are only maintained in hard copy format, I request that you notify me if the reproduction/postage fees exceed $25.00.
Respectfully submitted,
/s/
Amye Bensenhaver
