Opinion
Opinion By: Jack Conway, Attorney General; Matt James, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether Frederick J. Johnson ("Johnson") violated the Open Records Act in his responses to a former client's requests for records. We find that since Johnson is not a public agency, he is not subject to the Open Records Act, and therefore did not violate it in his responses to a former client's requests for records.
As a private attorney, Mr. Johnson does not fall within the definition of "public agency" codified at KRS 61.870(1), nor can the requested records properly be characterized as "public records" subject to inspection pursuant to KRS 61.870(2) since the records are not "prepared, owned, used, in the possession of or retained by a public agency." See 12-ORD-100; 07-ORD-114; 05-ORD-249. Accordingly, Johnson did not violate the Open Records Act in his responses to Rank's requests.
A party aggrieved by this decision may appeal it by initiating an action in the appropriate circuit court pursuant to KRS 61.880(5)(a). The Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or any subsequent proceedings.
Distributed to:
Douglas Rank # 241903Frederick J. Johnson