Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether James M. Bolus, Jr., of Bolus & Ragland, violated the Kentucky Open Records Act in failing to respond to the request of Iran Neal for records concerning the March 2004 deposition of April Hill. More specifically, Mr. Neal requested a copy "of the release form from Baptist East Hospital where April Hill's mother allegedly got her from the hospital as stated" in her deposition, a copy of which is attached to Mr. Neal's letter of appeal. As an attorney in private practice, Mr. Bolus does not fall within the definition of a "public agency" to whom the Open Records Act applies found at KRS 61.870(1), nor can the requested records be characterized as "public records" subject to inspection under KRS 61.870(2) since the records are not "prepared, owned, used, in the possession of or retained by a public agency." That being the case, 01-ORD-40, 01-ORD-24, and 97-ORD-15, copies of which are attached hereto and incorporated by reference, are controlling on the facts presented. Given our resolution of these threshold issues, further analysis is unwarranted. Because Mr. Bolus is not a "public agency" to whom the Open Records Act applies, his failure to respond did 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.
Iran Neal, # 96219Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472
James M. Bolus, Jr.Bolus & Ragland500 Kentucky Home Life BuildingLouisville, KY 40202