24-ORD-226
October 15, 2024
In re: William Sharp/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 August 29, 2024, William Sharp (“Appellant”) submitted a request to Metro
seeking a variety of records related to vehicles that had been “seized or impounded”
under LMCO1 §§ 71.20, 71.22, and 71.24. Having received no response by September
18, 2024, 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 because it was originally “misrouted”
to the wrong local agency. Accordingly, Metro violated the Act when it failed to issue
a timely response within five business days.2
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
Louisville Metro Code of Ordinances.
2
Metro states that it has since provided all records responsive to the Appellant’s request.Russell Coleman
Attorney General
/s/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#385
Distributed to:
William E. Sharp
Alice Lyon
Nicole Pang
Natalie S. Johnson
Annale Taylor