Opinion
Opinion By: Gregory D. Stumbo, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
This matter comes to the Attorney General on appeal from the actions of Mason Structure, Inc. in response to Kevin Raiford's open records request for copies of "[a]ll paychecks received and cashed while employed from December 2003 to July 2004."
In his letter of appeal, Mr. Raiford indicated that he had not received a response to his request. Subsequent to the initiation of the appeal, the undersigned contacted Mason Structure, Inc. and was advised that it is a private company and confirmed that the company did not derive at least twenty-five percent (25%) of its funds expended by it in the Commonwealth of Kentucky from state or local authority funds.
For the reasons that follow, it is the conclusion of this office that the company is not a "public agency" as defined by KRS 61.870(1) and its records are exempt from public inspection under the Open Records Act.
This office has consistently recognized that a private company or 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.
Since Mason Structure, Inc., does not derive at least twenty-five (25%) of its funds expended by it in the Commonwealth from state or local funds, the private company does not fall within the definition of a "public agency" to which the Open Records Act applies. Accordingly, Mason Structure, Inc., is not subject to the provisions of the Open Record Act and its actions relative to Mr. Raiford's open records request would not constitute a violation of the Act. 1
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.
Footnotes
Footnotes
1 Notwithstanding the fact that it is not a "public agency" subject to the Open Records Act, the company advised that it had provided Mr. Raiford with the records he requested.