23-ORD-253
September 19, 2023
In re: Bill Hollander/Louisville Metro Government
Summary: The 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 July 24, 2023, Bill Hollander (“Appellant”) submitted a request to Metro
for all records, including “emails, text messages, memos, [and] financial records of
any sort discussing or relating to encampment clearings within the boundaries of
Louisville Metro from January 2, 2023 to” the present.1 Having received no response
by August 21, 2023, the Appellant initiated this appeal.2
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.” On appeal,
Metro admits it failed to respond to the request. Accordingly, Metro violated the Act
when it failed to issue a timely response within five business days.
1
The Appellant further clarified that his request sought “communications to, from and in the
possession of all representatives of the Office of the Mayor, LMPD[,] and the Office of Resilience and
Community Services” and “documents regarding requesting and scheduling encampment clearings”
and “all financial records showing the costs, internal or otherwise, of the clearings.”
2
After receiving the appeal, Metro denied the request as unreasonably burdensome under
KRS 61.872(6). In response, the Appellant limited his appeal to Metro’s untimely response.A party aggrieved by this decision may appeal it by initiating an 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/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#368
Distributed to:
Bill Hollander
Alice Lyon
Annale Taylor
Natalie S. Johnson
Nicole Pang