Utility Management Group, LLC v. Pike County Fiscal CourtAnnotate this Case
The Supreme Court affirmed the opinion of the court of appeals remanding this matter to the circuit court for entry of an order requiring Utility Management Group, LLC (UMG) to comply with the Open Records Act, Ky. Rev. Stat. 61.870-.884. The Pike County Fiscal Court made an Open Records request to UMG, which provided management and operational services to Mountain Water District, so that the Auditor of Public Accounts could determine the actual costs of the services UMG provided. UMG declined to produce the request documents, asserting that it was a “wholly private entity.” The Attorney General found UMG subject to the Open Records Act and required production. The circuit court, however, concluded that UMG had no disclosure obligation under the Act. The court of appeals reversed. The Supreme Court affirmed, holding (1) at the time of Pike County Fiscal Court’s Open Records Act request, UMG was a public agency subject to the Act; (2) the 2012 amendment to section 61.870(1)(h) does not apply retroactively to relieve UMG of its disclosure obligation; and (3) the challenged 1994 version of section 61.870(1)(h) was and is constitutional.