Opinion
Opinion By: Gregory D. Stumbo, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
At issue in the instant appeal is whether the Best Western Continental Inn, Bowling Green, Kentucky, violated the Kentucky Open Records Act in failing to respond to the June 7, 2004 request of Bryan L. Reinhardt, an inmate at the Northpoint Training Center, for a copy of the motel's registry for room # 116 on the days of July 14 - 16, 2003. As explained below, the Best Western Continental Inn is not a "public agency" as defined by the Act and, therefore, is not subject to its provisions. Thus, Best Western Continental Inn did not violate the Act in failing to respond to Mr. Reinhardt's request.
In his letter of appeal, dated July 8, 2004, Mr. Reinhardt complained that the Best Western Continental Inn had not responded to his request and, thus, was not in compliance with the Open Records Act.
This office has consistently recognized that a private entity 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). 02-ORD-41, p. 1. Rather, the Act applies only to "public agencies. " For purposes of the Open Records Act, "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), (j), or (k) of this subsection; by a member or employee of such a public agency; or by any combination thereof;
(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 (k) 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[.]
KRS 61.870(1).
The Best Western Continental Inn does not fall within the parameters of this definition. Nor are records of a motel "public records" within the meaning of KRS 61.870(2). 1 See 96-ORD-197. Accordingly, we conclude that the Best Western Continental Inn, a private entity, is "not obligated to comply with the provisions of the Open Records Act, " Id., p. 1, which necessarily means that its failure to respond to Mr. Reinhardt's request does not constitute a violation of the Act.
A party aggrieved by this decision may appeal it by initiating an 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.
Bryan L. Reinhardt, # 173109 D-1Northpoint Training CenterP.O. Box 479Burgin, KY 40310
ManagerBest Western Continental InnCo-Advantage Inn700 Interstate Drive: Exit 28Bowling Green, KY 42101
Footnotes
Footnotes
1 KRS 61.870(2) provides:
"Public record" means all books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency. "Public record" shall not include any records owned or maintained by or for a body referred to in subsection (1)(h) of this section that are not related to functions, activities, programs, or operations funded by state or local authority [.]
- - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - -