25-ORD-031
January 31, 2025
In re: Stephen Kininmonth/Louisville Metro Government
Summary: The Office cannot find that Louisville Metro Government
(“Metro”) violated the Open Records Act (“the Act”) when it claims to
have provided all records responsive to a request.
Open Records Decision
Stephen Kininmonth (“Appellant”) submitted a request to Metro seeking the
body-worn camera footage of all police officers related to a specific case number. In
response, Metro provided all records responsive to the Appellant’s request. This
appeal followed.
The Appellant asserts that Metro did not provide all responsive records because
some of the footage he received did not have audio. In response, Metro explains that
the footage without audio was recorded by a “dash camera” which does not record
audio. The Office has long held it cannot resolve factual disputes about whether all
records responsive to a request have been provided, or whether requested records
should contain additional content. See, e.g., 23-ORD-027; 22-ORD-010; 19-ORD-083;
03-ORD-061; OAG 89-81. Accordingly, the Office is unable to find Metro violated the
Act when it provided what it considered to be all records responsive to the Appellant’s
request.
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.Russell Coleman
Attorney General
/s/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#006
Distributed to:
Stephen Kininmonth
Alice Lyon, Assistant Jefferson County Attorney
Nicole Pang, Assistant Jefferson County Attorney
Natalie S. Johnson, Assistant Jefferson County Attorney
Annale Taylor, Assistant Jefferson County Attorney
Anne Coorssen, Assistant Jefferson County Attorney