22-ORD-231
October 31, 2022
In re: Mark Graham/Christian County Chamber of Commerce
Summary: In the absence of evidence that the Christian County
Chamber of Commerce (“the Chamber”) receives at least 25% of its funds
expended in Kentucky from state or local authority funds, the Chamber
is not a public agency under the Open Records Act (“the Act”).
Open Records Decision
On September 21, 2022, Mark Graham (“Appellant”) submitted a request
containing three subparts to the Chamber for “live access” to various records. Having
received no response from the Chamber, the Appellant re-submitted his request on
September 22 and again on September 23. On September 23, the Chamber confirmed
receipt of the Appellant’s requests and stated that “[a] reply should be expected by
early next week.” However, on September 28, the Chamber explained to the Appellant
that it is not a public agency under KRS 61.870(1) and is not required to respond to
his requests. On October 3, 2022, having received no further response from the
Chamber, the Appellant initiated this appeal.
Upon receiving a request to inspect records, a public agency must decide within
five business days whether to grant the request or deny the request and explain why.
KRS 61.880(1). However, “public agency” is defined under KRS 61.870(1). A private
entity, such as the Chamber, is not a “public agency” subject to the Act unless it is a
“body which, within any fiscal year, derives at least twenty-five percent (25%) of its
funds expended by it in the Commonwealth of Kentucky from state or local authority
funds.” KRS 61.870(1)(h). The Chamber states on appeal that “it does not, within any
fiscal year, derive at least 25% of its funds from any state or local funds.” TheAppellant presents no evidence to contradict the Chamber’s claims. See, e.g., 22-ORD-
027 (requester failed to present evidence the local Chamber derived 25% of its funding
from state or local funds).1 Thus, this Office cannot find that the Chamber is subject
to the Act because there is no evidence that it qualifies as a public agency under
KRS 61.870(1).
A party aggrieved by this decision may appeal it by initiating action in the
appropriate circuit court under KRS 61.880(5) and KRS 61.882 within 30 days from
the date of this decision. Under KRS 61.880(3), the Attorney General shall be notified
of any action in circuit court, but shall not be named as a party in that action or in
any subsequent proceedings. The Attorney General will accept notice of the complaint
emailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/ Matthew Ray
Matthew Ray
Assistant Attorney General
#375
Distributed to:
Mark Graham
Kayce Liebe-Cravens
Taylor W. Hayes
Robert E. Ison
1
Under KRS 61.880(2)(c) “[t]he burden of proof in sustaining the action shall rest with the agency.”
However, the burden is on a requester to prove that the entity to which he submitted the request is a
public agency subject to the Act because KRS 61.880(2)(c) does not apply if the entity is not an “agency.”