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 Members First Federal Credit Union is a "public agency" within the meaning of KRS 61.870(1), and therefore subject to the Open Records Act. We conclude that, because Members First Federal Credit Union is a private corporation and not a "public agency, " as defined by KRS 61.870(1), the Act does not apply to it. Thus, Members First Federal Credit Union's failure to respond to Marcella Goodin's open records request could not be said to be a violation of the Act.
By letter dated February 6, 2006, Mr. Goodin submitted an open records request to Members First Federal Credit Union requesting written "confirmation of the current Board of Directors/Stockholders . . . with name, title, business address, telephone number, fax number, etc." In her letter of appeal, Ms. Goodin stated that she had received no response from Members First Federal Credit Union and asks this office to review the credit union's failure to respond and to hold it accountable under the Open Records Act.
The threshold issue in this appeal is whether Members First Federal Credit Union is a "public agency" as defined by KRS 61.870(1). 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 88-61; OAG 81-377. 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.
Members First Federal Credit Union's internet web site, http://www.membersfirst.com, states that:
Members First is a not-for-profit federally chartered credit union. We are a cooperative completely owned by our members. Our only purpose is to serve our members' financial needs, so naturally we put our Members FIRST!
Members First is in its 38th year of service to members. Assets are roughly $ 30 million. We serve the financial needs of about 5,600 members in Kentucky, West Virginia and Pennsylvania.
Our Board of Directors are Volunteers from within the membership, elected by the membership for three year terms. They serve without pay or special privileges.
Membership is available to Residents and Employees of: downtown Louisville, KY; South West Jefferson County, KY; & the Upper Kanawha Valley, WV!
The link, "who can join, " advises that the following may join the credit union:
Persons who live, work, worships or attends school in one of the following Zip Code Areas:
40202, 40203, 40206, 40208, 40209, 40210, 40211, 40212, 40213, 40214, 40215, 40216, 40217, 40218, 40219, 40258 (West of Mill Creek), 40272 (West of Dixie), 40118
And the following employee groups:
DuPont
DuPont-Dow Elastomers
DCE, Inc.
Joe Guy Hagan, Realtors
Southeast Service Corporation
Medley Sanitation, Inc.
H. L. Lyons Co.
Excel Logistics
Stewart Services, Inc.
Stigler Construction
Raytheon Engineers & Constructors
ISS Cleaning Group
Excel Logistics
Technology Plus
John Brown Engineers
C.H. Heist Corp.
Nothing in the record before us suggests that Members First Federal Credit Union is a "public agency" or that it derives at least twenty-five (25%) of its funds expended by it in the state from state or local funds. 61.870(1). Accordingly, we conclude that Members First Federal Credit Union, a private corporation, is not subject to the requirements of KRS 61.880(1) and other provisions of the Open Records 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.
Marcella L. Goodin12000 Hilda CourtLouisville, KY 40272-6106
Nancy HancockVice-PresidentMembers First Federal Credit Union 4202 Campground RoadLouisville, KY 40216