Request By:
Mr. Michael Peyton
Chief, West Lincoln County
Emergency Medical Services, Inc.
P. O. Box 235
Hustonville, Kentucky 40437
Opinion
Opinion By: FREDERIC J. COWAN, ATTORNEY GENERAL; Gerard R. Gerhard, Assistant AttorneyGeneral
This letter is written to you in your capacity as Chief/President of West Lincoln County Emergency Medical Services, Inc.
By letter of May 24, 1989, Richard Clay, an attorney with offices at Danville, Kentucky, asked that this office review your denial, by failure to reply, to his May 17, 1989 letter asking that he be furnished copies of certain records pertaining to the West Lincoln Emergency Medical Service.
FINDINGS IN BRIEF
Because it derives at least twenty-five per cent of its funds from local authority, West Lincoln County Emergency Medical Services, Inc., a nonprofit corporation, is subject to provisions of Kentucky's Open Records laws. KRS 61.870(1). The agency did not act consistent with KRS 61.870 to 61.884 in failing to respond to a request for copies of certain of its records. Inspection of the records in question must be permitted or copies provided.
FACTUAL BACKGROUND
By letter of May 17, 1989, addressed to you as Chief, West Lincoln Emergency Medical Service, at Station No. 2, Moreland, Highway 27, Hustonville, Kentucky 40437, Richard Clay, an attorney at Danville, Kentucky, asked that he be furnished copies of the:
[C]harter, minutes of meetings from December, 1988, until present, and all bylaws of the West Lincoln Emergency Medical Service, both current ones and those in existence before the changes implemented last January.
Mr. Clay indicated in his letter that he agreed "to be responsible for the reasonable expense of copies."
By letter of May 24, 1989, to the Attorney General, Mr. Clay indicated he had received no response to his request, and asked that the denial by failure to respond be reviewed.
OPINION OF THE ATTORNEY GENERAL
KRS 61.880(2) provides in part for the Attorney General to, upon request of a person whose request to inspect public records has been denied, issue a written opinion stating whether the agency which denied the request, "acted consistent with the provisions of KRS 61.870 to 61.884."
The first question presented is whether the agency to which a request to inspect records has been tendered is a "public agency, " within the meaning of Kentucky's Open Records statutes, so as to be subject to those statutes.
KRS 61.870(1) provides in pertinent part that, "public agency means any body which derives at least 25 percent (25%) of its funds from state or local authority. "
During a telephone conversation on July 6, 1989, you indicated that the West Lincoln County Medical Emergency Services, Inc., received half its revenue through Lincoln County's Ambulance Service District. The district, in view of its creation pursuant to KRS Chapter 108, is a "local authority" within the meaning of KRS 61.870(1).
Since the West Lincoln County Emergency Medical Services, Inc., receives at least 25 percent of its funds from state or local authority (the Lincoln County Ambulance Service District), it meets the definition of a "public agency" set forth at KRS 61.870(1). OAG 82-277. Accordingly, the records of West Lincoln County Emergency Services, Inc., would be deemed public records, and thus subject to Kentucky's Open Records statutes (KRS 61.870 to 61.884).
You failed to act consistent with KRS 61.870 to 61.884 by failing to respond in accordance with KRS 61.880 to a request to inspect public records.
Mr. Clay's request asks that copies of certain records (see above) be furnished to him. Your agency is not required to furnish copies, except following their inspection, and upon request. KRS 61.874. However, if the records are not voluminous, it may be more convenient for you to simply copy the records Mr. Clay has requested and forward them to him. You could, of course, first ask him to tender a reasonable amount to cover the cost of copying. Copying charges, as provided by KRS 61.874, may not include personnel costs associated with the copying.
You should promptly either furnish copies of the records in question to Mr. Clay, notify Mr. Clay of the time and place where access to the records will be provided, or indicate that copies will be furnished to him upon proper arrangement regarding copying cost.
You may have rights pursuant to KRS 61.880(5) to appeal the findings of this opinion. As required by statute, a copy of this opinion is being sent to Mr. Richard Clay, Esq., who requested it.