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24-ORD-012

January 17, 2024

In re: Mike Doyle/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 November 14, 2023, Mike Doyle (“Appellant”) submitted a request to Metro
seeking “any documents and communications between the open records department
and Metro parks” between October 1 and November 14, 2023. Having received no
response by December 19, 2023, 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.” 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

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.

1
Metro states that it has since provided responsive “documents.” Metro further states that the
Appellant has narrowed the parameters of the “communications” he requested and it “is nearing
completion of the narrowed search for ‘communications.’”Russell Coleman

Attorney General

/s/ Zachary M. Zimmerer

Zachary M. Zimmerer

Assistant Attorney General

#560

Distributed to:

Mike Doyle
Alice Lyon
Annale Taylor
Natalie S. Johnson
Nicole Pang

LLM Summary
The decision discusses a violation of the Open Records Act by the Louisville Metro Government, which failed to respond to a records request within the statutory five-day period. The decision confirms that the government's failure to respond constitutes a violation, and it outlines the procedural steps for appealing such decisions.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Mike Doyle
Agency:
Louisville Metro Government
Cites:
Forward Citations:
Neighbors

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