23-ORD-175
July 18, 2023
In re: Paul Olivia/Lexington–Fayette Urban County Government
Summary: This Office cannot find that the Lexington–Fayette Urban
County Government (“the City”) violated the Open Records Act (“the
Act”) when it provided what the Appellant considered to be an
incomplete record.
Open Records Decision
Paul Olivia (“Appellant”) submitted a request to the City seeking all emails
containing the phrase “Lex Have Pride” sent or received by four members of the
Lexington–Fayette Urban County Council and all “Aides to Council.” The City
provided what it considered to be responsive records for three of the councilmembers.
This appeal followed.
After this appeal was initiated, the City located additional records and
provided them to the Appellant. However, the Appellant maintains that the City still
has not provided all requested records. This Office cannot resolve factual disputes
between a requester and a public agency about whether all responsive records have
been produced. See, e.g., 22-ORD-010; 19-ORD-083; 03-ORD-061; OAG 89-81.
Consequently, this Office is unable to find that the City violated the act when it
provided what it claims are all the responsive records it possesses.
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 inany 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
#262
Distributed to:
Paul Oliva
Jason Hernandez
Evan P. Thompson