Lassiter v. LandrumAnnotate this Case
The Supreme Court affirmed the decision of the court of appeals requiring Appellant to comply with a subpoena duces tecum issued to him by the Secretary of the Finance and Administration Cabinet (Secretary), holding that the subpoena powers of the Secretary extend to suspected violations of Kentucky's Model Procurement Code (KMPC) and that the Secretary has the power to subpoena non-government employees as part of an investigation into a possible violation of the KMPC.
The Secretary issued a subpoena to Frank Lassiter seeking information to assist in an investigation into whether certain government contracts complied with the KMPC. Lassiter refused to comply with the subpoena, arguing that the Secretary's authority to issue subpoenas under Ky. Rev. Stat. Chapter 45 did not extend to investigations into potential KMPC violations and, regardless, did not allow him to subpoena non-government employees. The circuit court denied the Secretary's motion to compel Lassiter's compliance, finding that the Secretary subpoena power did not apply to investigations into possible violations of the KMPC. The court of appeals reversed. The Supreme Court affirmed, holding that the Secretary's subpoena power applies to investigations into possible violations of the KMPC.