23-ORD-007
January 18, 2023
In re: Lawrence Trageser/ Louisville Metro Government
Summary: Louisville Metro Government (“Metro”) violated the Open
Records Act (“the Act”) when it did not respond to a request to inspect
records.
Open Records Decision
On December 3, 2022, Lawrence Trageser (“Appellant”), submitted a request
to Metro to inspect a specific employee’s “personnel file.” Having received no response
to his request by December 18, 2022, the Appellant initiated this appeal.
Under KRS 61.880(1), upon receiving a request for records under the Act, a
public agency “shall determine within five (5) [business] days . . . after the receipt of
any such request whether to comply with the request and shall notify in writing the
person making the request, within the five (5) day period, of its decision.” Here, the
Appellant claims to have submitted a request on December 3, but has never received
a response. Metro carries the burden of justifying its actions, KRS 61.880(2)(c), but
has not disputed the Appellant’s claim or otherwise explained why it failed to respond
to the request within five business days.1 Thus, Metro violated the Act when it failed
to respond to the Appellant’s request within five business days.
A party aggrieved by this decision may appeal it by initiating action in the
appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882 within 30 days
from the date of this decision. Pursuant to 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
1
In response to the notice of this appeal, Metro stated it would provide responsive records to the
Appellant no later than January 13, 2023. However, Metro has not defended its failure to respond to
the request timely.action or in any subsequent proceedings. The Attorney General will accept notice of
the complaint e-mailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#479
Distributed to:
Lawrence Trageser
Alice Lyon
DeAndrea Baltimore
Natalie S. Johnson