Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
The issue presented in this appeal is whether the actions of the Office of United States Marshals Service in response to the request of Alonzo Chappell for a "copy of any and all documents, reports or papers utilized by Federal authorities to extradite me into Federal custody in the year 2000," violated the Kentucky Open Records Act. For the reasons that follow, we conclude they did not.
In his letter of appeal to this office, Mr. Chappell, in part, stated:
On January 22, 2002, I received via return mail, the enclosed file copy of my open record request and an institutional re-deposit notice for my five dollars. From this information it is apparent that the U.S. Marshal's Service feels itself exempt from complying with the Kentucky Open Records Act. In compliance with KRS Chapter 61, as I am currently a prisoner, I hereby appeal to the Attorney General to ensure the U.S. Marshal's Service obey my duly delivered Open Records request without further delay or trickery.
Under the Kentucky Open Records Act, KRS 61.870(1) defines "public agency, " as follows:
(1) "Public agency" means:
(a) Every state or local government officer;
(b) Every state or local government department, division, bureau, board, commission, and authority;
(c) Every state or local legislative board, commission, committee, and officer;
(d) Every county and city governing body, council, school district board, special district board, and municipal corporation;
(e) Every state or local court or judicial agency;
(f) Every state or local government agency, including the policy-making board of an institution of education, created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act;
(g) Any body created by state or local authority in any branch of government;
(h) Any body which derives at least twenty-five percent (25%) of its funds expended by it in the Commonwealth of Kentucky from state or local authority funds;
(i) Any entity where the majority of its governing body is appointed by a public agency as defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), or (j) of this subsection;
(j) Any board, commission, committee, subcommittee, ad hoc committee, advisory committee, council, or agency, except for a committee of a hospital medical staff, established, created, and controlled by a public agency as defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), or (j) of this subsection; and
(k) Any interagency body of two (2) or more public agencies where each public agency is defined in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), or (j) of this subsection.
As can be seen, a federal agency does not come within the definition of "public agency, " to which the provisions of the Kentucky Open Records Act would apply. As we noted in 96-ORD-118:
The Freedom of Information Act applies to records in the custody or control of federal agencies while the Open Records Act (KRS 61.870 to KRS 61.884) pertains to records in the custody or control of agencies of the state and local governments.
Thus, as a federal agency, the Office of United States Marshals Service is not subject to the provisions of the Kentucky Open Records Act. Accordingly, we conclude that the agency's actions could not be said to have violated the Act.
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.
Alonzo Chappell, # 132199Northpoint Training CenterP.O. Box 479Burgin, KY 40310
Richard W. KnightenChief Deputy United States MarshalU.S. Marshals Service114 Gene Snyder Courthouse610 W. BroadwayLouisville, KY 40202