Request By:
Mr. Richard RoBards
News-Journal
P.O. Box 279
Campbellsville, Kentucky 42718
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Carl Miller, Assistant Attorney General
You have requested an opinion of the Attorney General as to whether the Taylor County RECC is a public agency required to comply with the Kentucky Open Meetings Law, KRS 61.805-61.850.
A rural electric cooperative corporation is formed under KRS Chapter 279 as a non-profit corporation. As such, it may borrow funds from the federal REA under 7 USCA §§ 902-903.
It is our opinion that a non-profit corporation is not a public agency within the definition of the Open Meetings Law. OAG 78-318 and OAG0 75-402.
It has been suggested that the term "special purpose district boards" in the statutory definition, KRS 61.805(2), may apply to a RECC. We believe that the term "special purpose district boards" covers boards which are created by statute but are not designated as corporations such as boards of water districts [KRS chapter 74], sewer districts [KRS chapter 76], public road districts [KRS chapter 184], hospital districts [KRS chapter 216], library districts [KRS chapter 173], etc.
You also point out that the Taylor County RECC borrows funds from the REA and from the Louisville Bank for Cooperatives and suggest that the receipt of public funds would have a bearing on the question. The Open Meetings Law makes no mention of the source of funds in the definition of a public agency (cf. The Open Records Law, KRS 61.870(1) includes as a "public agency" any other body which is created by state or local authority in any branch of government or which derives at least 25 percent of its funds from state or local authority) . We believe that the borrowing of money from the REA does not constitute a RECC as a public agency under either the Open Meetings Law or the Open Records Law.