Opinion
Opinion By: Andy Beshear,Attorney General;Amye L. Bensenhaver,Assistant Attorney General
Open Meetings Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that Gary S. Logsdon, a private attorney, is not bound by, and therefore did not violate, the Open Records Act in responding to Michael Wells' September 8, 2015, request for a copy of Mr. Logsdon and his "contractual agreement" and a "billing statement with hourly breakdown involved in [Mr. Wells'] case . . . ."
Mr. Logsdon promptly responded to Mr. Wells' request on office letterhead captioned "Gary S. Logsdon & Associates" that identified the firm's members as "counselors, advocates, and trial lawyers." He advised Mr. Wells that although "the items [Mr. Wells] requested are not public records," he would make them available to Mr. Wells when they were returned to him for his archives. On January 11, 2016, Mr. Logsdon confirmed that he is a private practitioner whose legal practice is not funded by state or local authority funds 1 and who does not otherwise fall within the definition of a public agency found at KRS 61.870(1). Additionally, Mr. Logsdon advised that he had provided Mr. Wells with the records identified in his request. Any remaining obligation Mr. Logsdon may have to Mr. Wells arises under rules of professional responsibility and not under the Kentucky Open Records Act. 01-ORD-24 and subsequent open records decisions issued by this office, copies of which are enclosed, are controlling on this question.
Either party may appeal this decision 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.
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