26-ORD-167 – Kenneth Perry/Louisville Metro Government

Opinion Content:

April 16, 2026

In re: Kenneth Perry/Louisville Metro Government

Summary: To invoke the jurisdiction of the Attorney General under
KRS 61.880(2), as required to seek his review of an alleged violation of
the Open Records Act (“the Act”), a person is first required to submit a
request for public records to a public agency under KRS 61.880(1).

Open Records Decision

On December 17, 2025, Woody Ransdell submitted a request to Louisville
Metro Government (“Metro”) for a copy of “Video from camera covering supervisors
[sic] offices 9:20am to 10:00 am on 9/19/2025. At Signs & Markings on 3507 Newburg
Rd.” Metro responded on December 19, 2025, advising Mr. Ransdell that, “[i]n
compliance with the Metro Records Retention Schedule, the records you requested
have been destroyed.” On March 19, 2026, Kenneth Perry (“the Appellant”) initiated
this appeal, claiming that Metro “has destroyed the camera footage that would have
proved my innocence in a code 1 write up.” Because the Appellant subsequently
confirmed that he did not actually make the December 17, 2025, request and that Mr.
Ransdell, his union representative, did, the Office lacks jurisdiction over this matter
and hereby dismisses the appeal. See 25-ORD-180.

In Kentucky, administrative proceedings, like appeals under the Act, “are
creatures of statute and therefore require strict compliance with the enabling
statutes.” 25-ORD-180; see, e.g., Kenton Cnty. Bd. of Adjustment v. Meitzen, 607
S.W.3d 586, 594 (Ky. 2020). Thus, for a person to invoke the jurisdiction of the Office
under KRS 61.880, he must strictly comply with the requirements of the statute. 25-
ORD-180; 22-ORD-165. Specifically, “[i]f a person enforces [the Act] pursuant to
[KRS 61.880], he or she shall begin enforcement under [KRS 61.880(1)] before
proceeding to enforcement under [KRS 61.880(2)].” KRS 61.880(1) (emphasis added).
In other words, to proceed under the Act, a person must first submit a request to a
public agency. 1 The Office has recognized that “[t]he statutory phrase ‘he or she’

1 KRS 61.870(2).

clearly refers to the preceding noun, ‘person,’ indicating that, to invoke the Office’s
jurisdiction, the person seeking to enforce the Act by appeal to the Attorney General
must be the same person who submitted the request” for public records. 2 25-ORD-
351; 25-ORD-180.

Under KRS 61.872(2)(a), a public agency’s official custodian of records “may
require a written application, signed by the applicant and with his or her name
printed legibly on the application, describing the records to be inspected.” On appeal,
Metro asserts that the Appellant is not the person who submitted the request at issue,
and the Appellant does not dispute that fact. Because the Appellant did not comply
with KRS 61.880 by first submitting his own request under KRS 61.880(1), the Office
lacks jurisdiction under KRS 61.880(2) to consider his appeal. Therefore, the Appeal
is dismissed.

A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882 within 30 days
from the date of this decision. Pursuant to 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 [email protected].

Russell Coleman
Attorney General

/s/ Michelle D. Harrison
Michelle D. Harrison
Assistant Attorney General

2 Here, as in 25-ORD-180, the Office notes that “an attorney representing the requester stands in
the shoes of the requester and can therefore submit an appeal on the requester’s behalf. Similarly, an
editor of a newspaper or other media organization can submit an appeal when a reporter’s request is
denied, as the media organization itself is the ‘person’ requesting the records.” But the Appellant
provides no basis on which the Office could conclude that he and his “union representative” are the
same person for purposes of this request.

Kenneth Perry, Appellant
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
Donald Haas, Assistant Jefferson County Attorney
Michael Spenlau, Assistant Jefferson County Attorney
Anne Coorsen, Assistant Jefferson County