Opinion
Opinion By: Gregory D. Stumbo, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the American Farrier's Association is a "public agency" within the meaning of KRS 61.870(1), and therefore subject to the Open Records Act. We conclude that, because the American Farrier's Association is a private corporation and not a "public agency, " as defined by KRS 61.870(1), the Act does not apply to it. Thus, the actions of the American Farrier's Association relative to the open records requests of Donald R. Jones could not be said to be in violation of the Act.
By letter dated May 19, 2005, to this office, Mr. Jones appealed the response of American Farrier's Association to his requests, submitted on May 2, 2005 and May 9, 2005, for minutes of several meetings of the Association's Executive Committee.
After receipt of notification of the appeal and a copy of the letter of appeal, Douglas L. McSwain, General Counsel to the American Farrier's Association, provided this office with a response to the issues raised in the appeal. In his response Mr. McSwain advised in relevant part:
. . . The records requested by Mr. Jones, minutes from numerous meetings of the American Farrier's Executive Committee meetings are the meetings of a private, non-profit corporation. KRS 61.872 requires only the records of public agencies be open for inspection. American Farrier's Association, is not a "public agency" , as defined by KRS 61.870(1), and, therefore is not subject to the Open Records Act.
. . . As noted by the attached information from the Office of the Kentucky Secretary of State, American Farrier's Association, Inc., is a private, non-profit corporation. As it does not receive twenty-five or more percent of its funding from any state or local authority, American Farrier's Association, Inc., is not required to release the minutes of its meetings pursuant to the Open Records Act.
This office has consistently recognized that a private corporation comes within the purview of the Open Records Act only if it derives at least 25% of its funds from state or local authority funds. 92-ORD-1114; OAG 94-98. Those opinions were premised on the following definition of "public agency" set out in KRS 61.870(1)(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.
As noted in Mr. McSwain's response, American Farrier's Association, Inc., does not receive twenty-five or more percent funding from any state or local authority to qualify as a "public agency, " pursuant to KRS 61.870(1)(h). We therefore conclude that American Farrier's Association, Inc., is not a "public agency" within the meaning of KRS 61.870(1), and is not subject to the Open Records Act. Accordingly, it is not required to either release its records, or to adhere to procedural requirements, in response to a request for its records under the Open Records Act. 00-ORD-91; 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.
Donald R. Jones6568 Hunt RoadPleasant Darden, NC 27313
Bryan QuinseyExecutive DirectorAmerican Farrier's Association4059 Iron Works Parkway, Suite # 1Lexington, KY 40511
Douglas L. McSwainGeneral CounselAmerican Farrier's Association155 East Main StreetLexington, KY 40507