Request By:
Hon. James Kruer
Law Offices of Paul J. Vesper, P.S.C.
525 Fifth Street, Suite 318
Covington, KY 41011
Opinion
Opinion By: David L. Armstrong, Attorney General; By: Cicely D. Jaracz, Assistant Attorney General
This office is in receipt of your request for an opinion under the Open Meetings law, KRS 61.805 et seq. Specifically you ask if a corporation formed under Internal Revenue Code § 503, and established as a nonprofit, nonstock corporation pursuant to KRS Chapter 273 for the purpose of local approval of small business loans for the Small Business Association, is subject to the Open Meetings law.
The Open Meetings law applies to "public agencies" as defined by KRS 61.805(2). Private, nonprofit, nonstock corporations are not public agencies and are therefore not subject to the Open Meetings law. Thus, a nonprofit, nonstock corporation formed under KRS Chapter 273 for the purpose of local approval of loans for small businesses is not subject to the Open Meetings law. See OAG 75-402, 81-238, 82-1.
It is therefore the opinion of the Attorney General that the above-mentioned corporation formed under KRS Chapter 273 is not subject to the Open Meetings law as it is not a "public agency."