AG Issues Open Records Opinion

by Rick Howlett on April 20, 2009

From Kentucky Public Radio’s Tony McVeigh

The attorney general’s office says a banking company in southeast Kentucky does not have to respond to an inquiry filed under the state’s Open Records Act.

In January, Michael Dean filed an Open Records request with Monticello Banking Company for records pertaining to his mother Glenna’s last loan, including insurance and payoff receipts.

In March, through its attorney, the bank offered to help, but said it was a private company and not subject to the Open Records Act. Dean appealed to the attorney general’s office, which agrees with the bank.

The AG’s office says a national or state bank is not a public agency unless it derives 25-percent of its money from state or local authority funds. Therefore, “the bank is not obligated to provide the requested records to Mr. Dean and cannot be said to have violated the Act in refusing to do so.”

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