Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
This matter is before the Attorney General on appeal by William F. Simpson for the failure of Senior Executive Coach, Inc./DBA Metro Taxicab to respond to his records request. The question presented in this appeal is whether Senior Executive Coach, Inc./DBA Metro Taxicab is a "public agency, " as defined by KRS 61.870(1), and thus subject to the application of the Open Records Act.
This office has consistently recognized that a private company or corporation does not come within the purview of the Open Records Act unless it "derives at least twenty-five percent (25%) of its funds expended by it in the Commonwealth of Kentucky from state or local authority funds." KRS 61.870(1)(h). 97-ORD-114; 96-ORD-15.
In order to obtain additional information and documentation relating to this appeal, and as authorized by KRS 61.880(2) and 40 KAR 1:030, this office contacted agents of Senior Executive Coach, Inc./DBA Metro Taxicab to determine whether it fell within the definition of a "public agency, " as defined in KRS 61.870(1)(h).
Senior Executive Coach, Inc./DBA Metro Taxicab advised it was a private company and confirmed that the company did not derive at least twenty-five percent (25%) of its funds expended by it in the Commonwealth of Kentucky from state or local authority funds.
Because the company involved in this appeal does not derive at least twenty-five (25%) of its funds expended by it in the state from state or local funds, it does not fall within the definition of a "public agency" to which the Open Records Act applies. Accordingly, Senior Executive Coach, Inc./DBA Metro Taxicab is not subject to the application of the Open Records Act and is not required to adhere to the requirements of KRS 61.880(1) relative to responding to an open records request or other provisions of the Act. 93-ORD-127.
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:
William F. SimpsonEastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472
Daniel Turner, CEOSenior Executive Coach, Inc./DBA Metro Taxicab2035 Bardstown RoadLouisville, KY 40218