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KENTUCKY OPEN MEETINGS LAW
As of July 12, 2006
61.800 Legislative statement of policy
The General Assembly finds and declares that the basic policy of KRS 61.805 to 61.850 is that the formation of public policy is public business and shall not be conducted in secret and the exceptions provided for by KRS 61.810 or otherwise provided for by law shall be strictly construed.
HISTORY: 1992 c 162, § 1, eff. 7-14-92
NOTES OF DECISIONS AND OPINIONS
1. In general
Express purpose of Open Meetings Act is to maximize notice of public meetings and actions; failure to comply with strict letter of law in conducting meetings of public agency violates public good. Floyd County Bd. of Educ. v. Ratliff (Ky. 1997) 955 S.W.2d 921. Administrative Law And Procedure 124
Courts must narrowly construe and apply exceptions to state Open Meetings Act so as to avoid improper or unauthorized closed, executive or secret meetings. Floyd County Bd. of Educ. v. Ratliff (Ky. 1997) 955 S.W.2d 921. Administrative Law And Procedure 124
In failing to include the date with the time, place and agenda in the notice posted on the front door of City Hall as mandated by KRS 61.823(3), and discussing matters outside the scope of the item listed on the agenda in the posted notice, the Hazel City Council violated the Open Meetings Act. 05-OMD-138 (7-1-2005).
Governor's Council of Economic Advisors violated the Open Meetings Act by failing to observe the formalities for conducting a closed session and by belatedly invoking KRS 61.810(1)(g) as the statutory exemption authorizing the closed session. 01-OMD-227 (11-29-01).
A notice of a special meeting that includes agenda items for old business, new business, open to council, open to floor is deficient since the notice to the public requires that special meeting agendas give fair notice of particular topics to be discussed or acted upon. 01-OMD-175 (10-8-01).
High schools cannot limit the public's right to tape a site based council meeting. 01-OMD-166 (10-1-01).
A gathering of a quorum of members of the Monticello City Council at local restaurant following regular meeting did not violate the Open Meetings Act because members did not discuss public business. 00-OMD-147 (8-7-00).
A public agency violates the Open Meetings Act when it invokes an exception to the act and gives as its reasons the intent to discuss individual personnel matters or specific employee matters and does not specify whether these personnel matters involve the possible appointment, discipline, or dismissal of personnel of that agency as justified under the exceptions in KRS 61.810(1)(f). 97-OMD-110 (7-7-97).
61.805 Definitions for KRS 61.805 to 61.850
As used in KRS 61.805 to 61.850, unless the context otherwise requires:
(1) "Meeting" means all gatherings of every kind, including video teleconferences, regardless of where the meeting is held, and whether regular or special and informational or casual gatherings held in anticipation of or in conjunction with a regular or special meeting;
(2) "Public agency" means:
(a) Every state or local government board, commission, and authority;
(b) Every state or local legislative board, commission, and committee;
(c) Every county and city governing body, council, school district board, special district board, and municipal corporation;
(d) Every state or local government agency, including the policy-making board of an institution of education, created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act;
(e) Any body created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act in the legislative or executive branch of government;
(f) Any entity when the majority of its governing body is appointed by a "public agency" as defined in paragraph (a), (b), (c), (d), (e), (g), or (h) of this subsection, a member or employee of a "public agency," a state or local officer, or any combination thereof;
(g) Any board, commission, committee, subcommittee, ad hoc committee, advisory committee, council, or agency, except for a committee of a hospital medical staff or a committee formed for the purpose of evaluating the qualifications of public agency employees, established, created, and controlled by a "public agency" as defined in paragraph (a), (b), (c), (d), (e), (f), or (h) of this subsection; and
(h) Any interagency body of two (2) or more public agencies where each "public agency" is defined in paragraph (a), (b), (c), (d), (e), (f), or (g) of this subsection;
(3) "Action taken" means a collective decision, a commitment or promise to make a positive or negative decision, or an actual vote by a majority of the members of the governmental body; and
(4) "Member" means a member of the governing body of the public agency and does not include employees or licensees of the agency.
(5) "Video teleconference" means one (1) meeting, occurring in two (2) or more locations, where individuals can see and hear each other by means of video and audio equipment.
HISTORY: 1994 c 245, § 1, eff. 7-15-94; 1992 c 162, § 2, eff. 7-14-92; 1974 c 377, § 1
NOTES OF DECISIONS AND OPINIONS
In general 1
Court or judge agencies 2
University boards and committees 3
Local legislative bodies 4
State boards and committees 5
Conventions 6
Private nonprofit corporations 7
Education board 8
Utilities 9
Quasi-judicial bodies 10
Quorum 11
1. In general
The Lincoln County High School faculty is not a public agency as defined in KRS 61.805(2), and therefore did not violate the Open Meetings Act by failing to provide notice of its February 25 meeting. OAG-04-OMD-082 (6-7-2004).
The Louisville Metro Council Republican Caucus is a public agency for open meetings purposes and is required to comply with the requirements of the Act; its failure to acknowledge its status as a public agency and its legal obligation to observe the requirements of the open meetings Act constitutes a violation of the Act. 03-OMD-187 (8-13-03).
After conducting a public hearing, a board of adjustments may deliberate in private and then return to an open and public setting to formally announce its final decision, but being a public body, the board cannot vote by secret ballot and its minutes must indicate how each member voted on the issue. OAG 91-196.
Public access to depositions in a civil case is governed by the Rules of Civil Procedure, not by the open records law, and a reporter does not have a right to attend a deposition hearing held in a private office. A reporter can publish information received from any source. A deposition may be ordered sealed for good cause by a court. OAG 80-353.
The Kentucky Dental Association is not subject to the Open Meetings Law. OAG 78-203.
Coroner may exclude news media from inquest, but inquest verdict and testimony, when filed with circuit clerk, subject the record to the open records law. OAG 78-28.
The Murray state university student government association is not a public agency covered by the open meetings law. OAG 74-639.
A group consisting primarily of public officials but which does not exist pursuant to statute, ordinance, order, resolution, or any other act of any public agency is not itself a public agency subject to the Open Meetings Act. OAG 94-OMD-148 (12-12-94).
A city's response to a complaint under the Open Meetings Act that any violation was "accidental and unintentional" is statutorily deficient. OAG 92-OMD-1840 (12-29-92).
2. Court or judge agencies
A fiscal court which considers and disapproves a zoning change recommendation from the planning commission is not exempt from the Kentucky Open Meetings Act, KRS 61.805 to 61.845, as being a "public agency", or the legislature would have included it among the exceptions enumerated in KRS 61.810, and since KRS 61.830 rendered action taken without substantial compliance with the act voidable, the court's failure to comply with the act coupled with its consideration of evidence not properly before the reviewing body voids the court's decision. Ridenour v. Jessamine County Fiscal Court (Ky.App. 1992) 842 S.W.2d 532.
An advisory committee appointed by a county judge/executive is a public agency subject to the Open Meetings Act. OAG 91-54.
The judicial retirement and removal commission is an agency of the court and not a "public agency;" thus it is not subject to provisions of the Open Records Act or the Open Meetings Act. OAG 91-45.
"Work sessions" of fiscal courts dealing with preparation of county budget constitute public meetings under the Open Meetings Act. The proposed county budget and adopted county budget are subject to inspection under the open records law. OAG 82-91.
An advisory committee created by a county judge/executive to consider ambulance and emergency medical services for the county is a public agency under the Open Meetings Act. OAG 95-OMD-124 (8-30-95).
3. University boards and committees
A public agency under the Open Meetings Act is any agency which is created by statute, executive order, local ordinance or resolution, or other legislative act, or any committee, ad hoc committee, subagency, or advisory body of said public agency; therefore, since the board of trustees of the university of Kentucky is created by statute, the presidential search committee which was created in turn by formal action of the board of trustees is a public agency and subject to the provisions of KRS 61.805 to 61.850. Lexington Herald-Leader Co. v. University of Kentucky Presidential Search Committee (Ky. 1987) 732 S.W.2d 884.
Because the student officer qualifies as a 'member' pursuant to KRS 61.805, whose removal or 'dismissal' was being contemplated, the University of Louisville Student Government Association properly relied upon KRS 61.810(1)(f) as authority for the closed session which prompted this appeal; to the extent that the SGA failed to respond to the complaint in writing within three business days as mandated by KRS 61.846(1), the SGA committed a procedural violation of the Open Meetings Act. 05-OMD-086 (5-5-2005).
The Kentucky community and technical college system improperly denies a request for records generate by the president's cabinet, leadership team and employee teams on the basis that no public records exist because these entities are not public agencies for open meetings and open records purposes, and records that are prepared, owned, used, in the possession of or retained by the Kentucky community and technical college system are public records within the meaning of KRS 61.870(2) and must be disclosed unless otherwise exempt. OAG 02-ORD-147 (8-13-02).
The Family Educational Rights and Privacy Act prohibits the disclosure of personally identifiable information in education records, including information relating to student housing and specifically housing appeals; therefore, the housing appeals committee is authorized to go into a closed session to discuss student housing appeals. OAG 97-OMD-139 (9-8-97).
The University of Kentucky does not violate the Open Meetings Act by failing to record the minutes of meetings of the president's cabinet and leadership team as neither is a public agency within the scope of KRS 61.805(2). OAG 95-OMD-71 (5-9-95).
The issue of whether the University of Kentucky subverted the intent of the Open Records Act in failing to record the minutes of meetings of the president's cabinet is contingent upon the determination that the cabinet is a public agency. OAG 95-ORD-48 (3-22-95).
4. Local legislative bodies
Third Street Development Corporation did not provide sufficient proof to establish that it is not a public agency to the extent that it expended or retains any portion of $960,000 to $975,000 it received from the state through the City of Danville in 2001. OAG 04-ORD-012 (1-20-04).
Presenting a memorandum about city business to a gathering of quorum of the city council and making comments concerning the details of the memorandum amounts to a meeting where public business is discussed and the public is entitled to notice even though the council remains silent during both instances. 03-OMD-022 (2-7-03).
A city council cannot hold a closed session to discuss juveniles, as no exception is provided in KRS 61.810 for this purpose. OAG 84-317.
A city council, after holding a public hearing on proposed zoning changes wherein testimony, arguments, and rebuttal were heard, may properly close its meeting to deliberate on the proposed changes because deliberations are "adjudicatory" and thus "quasi-judicial." OAG 83-446.
An informal meeting of a majority of councilmen to decide how they would vote on a measure at the regular meeting constitutes a public meeting under the Open Meetings Act. OAG 80-81.
Committees created by a mayor and city council are public agencies subject to KRS 61.810(1)(f) and can only discuss in closed session those personnel matters which might lead to appointment, discipline, or dismissal of municipal personnel. OAG 93-OMD-49 (4-23-93).
The polling of city council members by the mayor by telephone concerning the purchase of recycling equipment is not a legislative act; thus, the Open Meetings Act does not apply to preclude such action. OAG 92-OMD-1688 (12-10-92).
5. State boards and committees
"Public business," for purposes of Open Meeting Act, is discussion of various alternatives to given issue about which board has option to take action. Yeoman v. Com., Health Policy Bd. (Ky. 1998) 983 S.W.2d 459, rehearing denied. Administrative Law And Procedure 124
Board of Accountancy violated the open meeting laws by conducting its final deliberations in a closed session; however, action of Board in censuring accountant was not void because accountant raised no objection and because he demonstrated no prejudice as a result of the Board's action. Stinson v. State Bd. of Accountancy (Ky.App. 1981) 625 S.W.2d 589. Accountants 5
The Complaint Review Committee of the Board of Pharmacy is a public agency as defined in KRS 61.805(2)(g) since the committee and its membership was established, created and controlled by a public agency, the Pharmacy Board, and violated the requirements of the Open Meetings Act by failing to notify the public about the meeting and by excluding the public from the meeting. 04-OMD-148 (9-2-04).
The formulary subcommittee of the medical assistance advisory council is a public agency within the meaning of KRS 61.805(2), and cannot conduct closed meetings prior to its regularly scheduled meetings to discuss and vote on the approval of drugs for the Medicaid formulary since this subject does not fall under any of the recognized exceptions to open meetings. OAG 92-4.
Except when the personnel board is deliberating a decision on a particular case involving an individual or discussing a matter which is exempt under KRS 61.810, its meetings are required to be open to the public under KRS 18A.070(3). OAG 83-20.
A committee formally appointed by a public agency is subject to the Open Meetings Law to the same extent as the agency. OAG 78-496.
The minutes of the River Region Mental Health Retardation Board, Inc., are open to public inspection. OAG 76-648.
6. Conventions
When a quorum of a public agency attends a convention, they do not have to notify the press. OAG 78-634.
A meeting of a group of public officials from various governmental entities where none is represented by a quorum and where the group does not exist pursuant to a statute, ordinance, order, or resolution does not constitute a meeting of a public agency governed by the Open Meetings Act. OAG 96-OMD-174 (8-13-96).
The attendance by a quorum of the members of an urban-county council at a convention or conference organized by someone other than the council does not in and of itself constitute a meeting of the council. Council members attending such a convention are not authorized to take action affecting their city nor are they permitted to discuss matters directly affecting their city. OAG 95-OMD-136 (10-11-95).
7. Private nonprofit corporations
A nonprofit private organization which holds property for a university must comply with the open meetings law so long as a quorum of the board of trustees of the university are members of the organization and attend the meetings. Courier-Journal and Louisville Times Co. v. University of Louisville Bd. of Trustees (Ky.App. 1979) 596 S.W.2d 374.
A nonprofit corporation created pursuant to KRS Ch 273 is not a public agency subject to the open meetings or open records laws. OAG 84-237.
A corporation formed under Internal Revenue Code section 503 and established as a nonprofit, nonstock corporation pursuant to KRS Ch 273 for the purpose of local approval of small business loans for the small business association, is not a public agency as defined by KRS 61.805(2) and therefore, is not subject to the open meetings law. OAG 84-186.
A volunteer fire department organized as a private nonprofit corporation is not subject to the open meetings law. OAG 80-292.
A comprehensive care center may be either a public agency controlled by a statutory board or a private corporation; a private corporation does not have to comply with the open meetings law, but a statutory board must comply. OAG 75-402.
A nonprofit corporation providing mental health services to the community is not a public agency under the Open Meetings Act and is not subject to the constraints on closed sessions of public meetings set forth in the Open Meetings Act. OAG 96-OMD-180 (8-22-96).
8. Education board
Discussions between members of county board of education during executive session concerning matters not identified in open meeting with proper notice violated Open Meetings Act, and any action taken as result of such discussions was therefore voidable; minutes of meeting indicated that reason for secret session was "personnel," discussion in fact concerned general reorganization and restructuring of district's central administrative office involving multiple employees, and minutes did not refer to "proposed or pending litigation" exception to Act later offered as justification for executive session. Floyd County Bd. of Educ. v. Ratliff (Ky. 1997) 955 S.W.2d 921. Schools 57
Middle school's site-based decisionmaking council's adoption of dress code by consensus rather than by formal, recorded vote constituted an "action taken" within meaning of Kentucky's Open Meetings Act. Blau v. Fort Thomas Public School Dist. (C.A.6 (Ky.) 2005) 401 F.3d 381. Schools 57
An advisory committee appointed by the superintendent of a county board of education is a public agency subject to the provisions of the Open Meetings Act. OAG 89-25.
Nothing in the Open Meetings Act prohibits the chairperson of the school board from securing legal representation and advice with personal funds outside the scope of a public meeting. OAG 94-OMD-83 (7-6-94).
9. Utilities
The Lebanon waterworks company is a public agency for purposes of the Open Meetings Act. OAG 88-72.
10. Quasi-judicial bodies
A planning and zoning commission was acting as a quasi-judicial body when it went into closed session to discuss and reach a decision following a public hearing on rezoning. As a quasi-judicial body, the commission was not subject to, and therefore did not violate, the open meetings law. OAG 84-162.
The Kentucky occupational safety and health review commission is a quasi-judicial body which is not subject to the Open Meetings Law. The Kentucky human rights commission and the Kentucky health facilities and health certification of need and licensure board are primarily administrative boards which sometimes conduct quasi-judicial hearings and are sometimes subject to the open meetings law while at other times are subject to court procedure. OAG 83-259.
As concerns the "Sunshine Law", KRS 61.805(2) excludes quasi-judicial bodies from the definition "public agency." In addition, KRS 61.810 specifically excludes grand and petit jury sessions. Considering the quasi-judicial nature of the coroner's inquest and the parallel between the grand jury and the coroner's inquest in their investigatory nature, the coroner has a sound discretion as to keeping his inquest open or closed to the public. OAG 76-037.
11. Quorum
The workers' compensation advisory council violates the Open Meetings Act by conducting a series of less than quorum meetings where the number of members attending the meetings collectively total at least a quorum of members of the agency, and if the meetings are conducted for the purpose of avoiding the requirements of the Open Meetings Act. OAG 96-OMD-261 (12-6-96).
The personnel committee of a county planning and zoning commission that consists of only one person does not have a legal quorum and has no legal authority to act. OAG 94-OMD-63 (5-12-94).
If a quorum is not present a meeting in question is not a public meeting under the Open Meetings Act. OAG 93-OMD-63 (5-28-93).
61.810 Exceptions to open meetings
(1) All meetings of a quorum of the members of any public agency at which any public business is discussed or at which any action is taken by the agency, shall be public meetings, open to the public at all times, except for the following:
(a) Deliberations for decisions of the Kentucky Parole Board;
(b) Deliberations on the future acquisition or sale of real property by a public agency, but only when publicity would be likely to affect the value of a specific piece of property to be acquired for public use or sold by a public agency;
(c) Discussions of proposed or pending litigation against or on behalf of the public agency;
(d) Grand and petit jury sessions;
(e) Collective bargaining negotiations between public employers and their employees or their representatives;
(f) Discussions or hearings which might lead to the appointment, discipline, or dismissal of an individual employee, member, or student without restricting that employee's, member's, or student's right to a public hearing if requested. This exception shall not be interpreted to permit discussion of general personnel matters in secret;
(g) Discussions between a public agency and a representative of a business entity and discussions concerning a specific proposal, if open discussions would jeopardize the siting, retention, expansion, or upgrading of the business;
(h) State and local cabinet meetings and executive cabinet meetings;
(i) Committees of the General Assembly other than standing committees;
(j) Deliberations of judicial or quasi-judicial bodies regarding individual adjudications or appointments, at which neither the person involved, his representatives, nor any other individual not a member of the agency's governing body or staff is present, but not including any meetings of planning commissions, zoning commissions, or boards of adjustment;
(k) Meetings which federal or state law specifically require to be conducted in privacy;
(l) Meetings which the Constitution provides shall be held in secret; and
(m) That portion of a meeting devoted to a discussion of a specific public record exempted from disclosure under KRS 61.878(1)(m). However, that portion of any public agency meeting shall not be closed to a member of the Kentucky General Assembly.
(2) Any series of less than quorum meetings, where the members attending one (1) or more of the meetings collectively constitute at least a quorum of the members of the public agency and where the meetings are held for the purpose of avoiding the requirements of subsection (1) of this section, shall be subject to the requirements of subsection (1) of this section. Nothing in this subsection shall be construed to prohibit discussions between individual members where the purpose of the discussions is to educate the members on specific issues.
HISTORY: 2005 c 93, § 1, eff. 3-16-05; 1992 c 162, § 3, eff. 7-14-92; 1974 c 377, § 2
Legislative Research Commission Note (3-16-05): The Office of the Kentucky Attorney General requested that amendments in 2005 Ky. Acts ch. 93, sec. 1, to the arrangement of the paragraphs of subsection (1) of this section be changed. The change was requested "in the interest of preventing confusion to the public and public agencies" and was made by the Statute Reviser under the authority of KRS 7.136.
NOTES OF DECISIONS AND OPINIONS
In general 1
Real property 2
Litigation 3
Collective bargaining negotiations 4
Appointment, discipline, or dismissal 5
Local legislation 6
Parole board 7
Quasi-judicial bodies 8
Quorum 9
Business 10
Procedural issues 11
Education and university boards 12
1. In general
Statute providing that all meetings of a quorum of the members of any public agency at which any public business is discussed or at which any action is taken by the agency shall be public meetings, open to the public at all times except for certain exceptions, pertains to actual public access to and attendance at meetings, not the documents generated as a result of those meetings. Sangster v. Vest (Ky.App. 2006) 2006 WL 2190584. Administrative Law And Procedure 124
Frankfort electric and water plant board acted improperly under Kentucky Open Meetings Law by not taking a formal vote, in open meeting, on a motion for a closed session, contra to KRS 61.815(2); discussing a matter in closed session was not exempted from open meetings under KRS 61.810, taking a final action in closed session was contra to KRS 61.815(3), and discussing a matter in closed session that was not announced to be discussed in open meeting was contra to KRS 61.815(4). The board's stated proposal to discuss "personnel matters" at the closed session was proper under KRS 61.815(1). OAG 83-377.
A reporter cannot be barred from a meeting unless the general public is also barred. OAG 83-102.
A public agency does not violate the open meetings law by discussing a matter by phone prior to the meeting where action was taken. OAG 80-426.
Announcement only of the general nature of the business to be discussed is required before going into closed session. No announcement or action is required after a closed session unless a final action is to be taken. OAG 80-248.
There is no law allowing meetings where votes are being tabulated to be closed to the press. OAG 75-307.
The Hurstbourne Area Transportation Study Advisory Team violated KRS 61.823 in failing to give proper notice of its special meeting; facts giving rise to the remaining allegations of the complaint, relating to selective admission and failure to respond to the complaint, are disputed, and the Attorney General cannot conclusively determine that these allegations are substantiated. 05-OMD-114 (6-7-2005).
The Hurstbourne City Commission violated the Open Meetings Act by failing to observe formalities in conducting closed sessions per KRS 61.815(1)(a) and modifying draft minutes to show something other than what actually occurred at the meeting, to reflect compliance with this provision in contravention of KRS 61.835, which requires an accurate record of votes and actions taken at every meeting; however, the record does not support the claim that unauthorized topics were discussed in closed session. 04-OMD-179 (9-27-04).
The Louisville Metro Council Republican Caucus is a public agency for open meetings purposes and is required to comply with the requirements of the Act; its failure to acknowledge its status as a public agency and its legal obligation to observe the requirements of the open meetings Act constitutes a violation of the Act. 03-OMD-187 (8-13-03).
A public agency is required to cite the statutory subsection relied upon to support closing the meeting prior to the beginning of the closed session. 95-OMD-93 (6-26-95).
A closed session must be limited to the subject matter publicly announced prior to convening the closed session. 95-OMD-93 (6-26-95).
Where a board of aldermen meeting attracts a crowd that exceeds the capacity of the meeting room and the overflow crowd is permitted to view the meeting from another room by television, there is no violation of the Open Meeting Law. 94-OMD-87 (7-11-94).
The legislative research commission established the House democratic caucus, which does not qualify as a committee of the general assembly, and therefore the House democratic caucus is subject to the provisions of the Open Meetings Act. 94-OMD-23 (3-1-94).
Although the Open Meetings Act does not prohibit all contacts between members of a public agency outside of an open and public meeting, fiscal court members should avoid gathering behind closed doors prior to scheduled meetings even if no public matters are discussed. 93-OMD-20 (2-23-93).
A county hospital board violates the Open Meetings Act by invoking KRS 61.810 to close a public meeting. 92-OMD-1735 (12-17-92).
The regents board violates the Open Meetings Act to the extent it closes discussions focused on classes of individuals as opposed to specific individuals. 92-ORD-1346 (9-28-92).
2. Real property
County public library board was not statutorily required to conduct a public hearing before entering into a contract for the purchase of real estate as site for construction of new library. Deters v. Kenton County Public Library (Ky.App. 2005) 168 S.W.3d 62. Counties 111(2)
Policy against piecemeal litigation did not require citizens to challenge agreed judgment among city, landowner, and rock quarry company as illegal judicial zoning at the same time citizens brought action to challenge city's process of approving the agreed judgment as violating Open Meetings Act, as parties had never really been out of court, and other citizens or property owners could file suit on same basis that judgment was void. Rogers Group, Inc. v. Masterson (Ky.App. 2005) 175 S.W.3d 630, review denied. Zoning And Planning 563.1
A nonprofit private organization which holds property for a university must comply with the open meetings law so long as a quorum of the board of trustees of the university are members of the organization and attend the meetings. Courier-Journal and Louisville Times Co. v. University of Louisville Bd. of Trustees (Ky.App. 1979) 596 S.W.2d 374.
A telephone vote by a fiscal court which promoted and set salaries of county employees and approved a lease violates the Kentucky open meetings law and is void. Fiscal Court of Jefferson County v. Courier-Journal and Louisville Times Co. (Ky. 1977) 554 S.W.2d 72.
Even if city violated Kentucky Open Meetings Act when it rejected church's proposal of alternative to developing dedicated roadway located between two lots owned by church, such fact alone did not support inference that city committed religious discrimination, in violation of Free Exercise Clause, in deciding to develop rather than close roadway. Prater v. City of Burnside, Ky. (C.A.6 (Ky.) 2002) 289 F.3d 417, certiorari denied 123 S.Ct. 550, 537 U.S. 1018, 154 L.Ed.2d 425. Constitutional Law 84.5(7.1); Municipal Corporations 657(3)
An informal meeting between land developers and landowners regarding site approval for land development projects is not subject to the open meetings law as long as a quorum of the public agency in charge of promoting the meeting is not present. OAG 84-45.
The county nursing home's board of directors were proper parties to attend a closed session concerning the sale of the property, but the prospective buyers were not. OAG 83-61.
Public discussion of matters pertaining to a specific parcel of land and the agency's obligations under a memorandum of understanding would have no effect on prices of the property to justify the closing of an otherwise public meeting; nor would discussions regarding its alleged failure to abide by the terms of the memorandum of understanding justify such closure. 95-OMD-57 (4-5-95).
The board of commissioners of a county hospital does not violate the Open Meetings Act by going into a closed session to deliberate the proposed sale of the hospital building and the property on which it is located where the board is of the opinion that publicity would likely affect the value of the property to be sold. 93-OMD-56 (5-10-93).
3. Litigation
Failure of county joint planning commission to cite specific statutory provision regarding proposed-litigation exception to open meetings law before entering into executive session did not result in commission's action, which contested city's decision to deny commission's recommendation to deny property owners' request for zoning map amendment for purpose of allowing expansion of quarry, being declared void; there was no evidence that any prejudice was created by commission's failure, motions to authorize litigation were made in open meetings, and there was no record of anyone requesting to address commission or voice concern about commission's actions. Chandler v. Bullitt County Joint Planning Com'n (Ky.App. 2002) 125 S.W.3d 851, rehearing denied, review denied. Zoning And Planning 196
Exception to Open Meetings Act for meetings of public agency at which pending litigation is to be discussed should not be construed to apply any time public agency has its attorney present or where possibility of litigation is still remote, or where matters to be discussed are merely tangential to topic of pending litigation. Floyd County Bd. of Educ. v. Ratliff (Ky. 1997) 955 S.W.2d 921. Administrative Law And Procedure 124
Open Meetings Act was not applicable to private review of taped public meeting by committee of two board of adjustment members, administrative employee, and legal counsel for purpose of preparing amended findings pursuant to circuit court order, where there was absence of quorum of board members. Bourbon County Bd. of Adjustment v. Currans (Ky.App. 1994) 873 S.W.2d 836. Zoning And Planning 359
A fiscal court may discuss proposed or pending litigation in executive session without violating the Kentucky open meetings law. Fiscal Court of Jefferson County v. Courier-Journal and Louisville Times Co. (Ky. 1977) 554 S.W.2d 72. Municipal Corporations 92
The attorney-client privilege cannot be used to close an otherwise public meeting unless the attorney-client discussions relate directly to proposed or pending litigation. OAG 97-001.
A local board of education improperly conducts a closed meeting to discuss a complaint letter received from the United States education department based on the mere remote possibility of litigation. OAG 91-141.
A closed session to discuss "possible litigation" is proper. Notice that a closed meeting will be held to discuss "possible litigation" is sufficient when the discussion at the open meeting demonstrated an impasse indicative of future litigation between the public agency and a franchisee over regulation of a rate increase. OAG 84-240.
A fiscal court may hold a closed session to discuss litigation against the county. The magistrate who brought the suit against the county may be required to leave such session, should he appear. OAG 84-234.
Louisville Metro Council did not violate the Open Meetings Act in conducting a publicly announced open meeting to discuss an adult entertainment ordinance and in retiring to closed session at those meetings to discuss threatened litigation involving the ordinance; a single comment overheard by a reporter at the door of the closed session, and devoid of context, was not a sufficient basis for imputation of a violation. 04-OMD-039 (2-26-04).
The board of directors of the Kentucky employers' mutual insurance authority (KEMI) violates the Open Meetings Act by deciding to initiate litigation during a closed session or executive session of a meeting as no final action may be taken at a closed session. 97-OMD-96 (6-16-97).
Even though the written response of an agency is procedurally deficient, the agency could properly rely upon the attorney-client privilege to close that portion of the meeting where the advice of the agency's legal counsel was communicated to members of that agency. 96-OMD-191 (9-11-96).
Public discussion of matters pertaining to a specific parcel of land and the agency's obligations under a memorandum of understanding would have no effect on prices of the property to justify the closing of an otherwise public meeting; nor would discussions regarding its alleged failure to abide by the terms of the memorandum of understanding justify such closure. 95-OMD-57 (4-5-95).
A municipal utility violates the Open Meetings Act by invoking the litigation exception to close a meeting to discuss a matter which does not involve litigation by or against the municipal utility but which might cause a private corporation to file a bankruptcy petition in response to a decision taken by the municipal utility on a contractual matter. 94-OMD-110 (9-21-94).
A city does not violate the Open Meetings Act by discussing various issues pertaining to litigation in a closed executive session. 92-OMD-1728 (12-1-92).
A closed session of the fiscal court for the purpose of discussing the need to hire legal counsel not protected under the Open Records Law exception for proposed or pending litigation. 01-OMD-152 (9-7-01).
4. Collective bargaining negotiations
A status report on collective bargaining negotiations is not exempt from the open meeting requirement. Jefferson County Bd. of Ed. v. Courier-Journal (Ky.App. 1977) 551 S.W.2d 25.
Board of alderman labor relations committee meeting that discussed an ordinance concerning the ratification and approval of a collective bargaining agreement between the city and the Fraternal Order of Police was not exempt from the open meetings law. KRS 61.810(5) is limited in scope to close only those meetings where disputes are settled through negotiation, and not meetings which merely discuss the status of the collective bargaining negotiation or agreement. OAG 83-389.
5. Appointment, discipline, or dismissal
Open Meetings Act, which allowed closure of meetings at which specific personnel issues relating to specific public employees would be discussed, did not preclude disclosure of disciplinary complaint against police officer, after final action was taken in disciplinary action, namely acceptance of officer's resignation, where complaint would not needlessly subject reputation of witnesses to public scrutiny, but rather, only people who could have reputations harmed were police officers who were accused of neglecting duties. Palmer v. Driggers (Ky.App. 2001) 60 S.W.3d 591. Municipal Corporations 92; Records 60
Provision of Open Records Act, which allowed disclosure of disciplinary complaint against police officer after final action on disciplinary issue was taken, did not conflict with Open Meetings Act, which precluded public access to meetings at which personnel issues relating to specific employees were discussed, given that once agency took final action in disciplinary proceeding, complaint that initially spawned that proceeding was subject to public scrutiny. Palmer v. Driggers (Ky.App. 2001) 60 S.W.3d 591. Municipal Corporations 92; Records 60
Nominees of health policy board, who had been appointed to administer health care reform bill, did not violate Open Meeting Act by convening for nonpublic meeting before they had been confirmed by Senate, since Act did not apply to unconfirmed nominees. Yeoman v. Com., Health Policy Bd. (Ky. 1998) 983 S.W.2d 459, rehearing denied. Administrative Law And Procedure 124; States 45
Nominees of health policy board, who had been appointed to administer health care reform bill, did not violate Open Meeting Act by convening for nonpublic meeting, since no public business was discussed. Yeoman v. Com., Health Policy Bd. (Ky. 1998) 983 S.W.2d 459, rehearing denied. Administrative Law And Procedure 124; States 45
The exception to the open meeting requirements is designed to protect the reputation of individual persons and not to permit discussion of general personnel matters in secret; therefore, although the discussions of a presidential search committee appointed by the formal action of a university board of trustees might lead to the appointment of a president, the presidential search committee is not excepted from requirements of the Open Meetings Act in screening candidates and selecting a successor president of the university. Lexington Herald-Leader Co. v. University of Kentucky Presidential Search Committee (Ky. 1987) 732 S.W.2d 884.
County board of education was not required to hold in public vote at which it determined to demote principal to teacher status. Miller v. Board of Ed. of Hardin County (Ky.App. 1980) 610 S.W.2d 935. Schools 147.38
A meeting of a board of trustees of a university may be closed to consider the election of one of two individual members to the position of chairman. Courier-Journal and Louisville Times Co. v. University of Louisville Bd. of Trustees (Ky.App. 1979) 596 S.W.2d 374. Colleges And Universities 7
Even though meetings of public agencies which deal with the dismissal, appointment or discipline of an employee are exempt from the open meeting requirements, it violates the statute when a hearing board refuses to grant a request for a public hearing made by an accused. Reed v. City of Richmond (Ky.App. 1979) 582 S.W.2d 651.
School board's dismissal of schoolteacher and school principal was not rendered void as result of fact that board's deliberation resulting in dismissal took place in closed hearing after public hearing had been held on charges against teacher and principal. Bell v. Board of Ed. of Harlan, Independent School Dist. (Ky.App. 1977) 557 S.W.2d 433. Schools 147.38
A meeting of a county hospital board which involved discussions of suspension of a county hospital employee may be closed. There is no statutory incompatibility involved in a county judge/executive's holding county board offices. OAG 84-46.
A closed meeting of a state university board of regents that discussed the process to select a new university president but did not discuss specific individuals was improper. OAG 83-489.
A board of education may go into closed session to discuss the appointment of a new superintendent and candidates for the position. However, the discussion of where to send inquiries pertaining to the selection of the superintendent and suggestions for qualifications is not a proper subject for a closed meeting. OAG 83-455.
Under KRS 61.810(6), closed sessions are limited to discussions of appointment, discipline, and dismissal of an individual in order to protect the individual's reputation. Discussion of other individual personnel matters in closed meeting would subvert the purpose and language of the statute; therefore, a public agency may not discuss whether to accept the resignation of an official at a closed session. OAG 83-415.
A school board may go into closed session to discuss the superintendent's recommendations on personnel which have to do with the employment or nonemployment of teachers. It is not necessary to state the names of the persons to be discussed in open session before going into closed session. A board cannot go into closed session on a personnel matter until the superintendent has first made a recommendation on the matter. OAG 83-379.
Except when the personnel board is deliberating a decision on a particular case involving an individual or discussing a matter which is exempt under KRS 61.810, its meetings are required to be open to the public under KRS 18A.070(3). OAG 83-20.
A closed session may be held on a personnel matter of a particular employee without formal charges being made against the employee. If formal charges are made, the employee is entitled to an open hearing if he so desires. OAG 81-413.
Disciplinary hearings before boards of education are generally exempt from KRS 61.815 which lists the requirements for conducting closed sessions. OAG 81-135.
A school board can meet in closed session with a committee which it has selected to assist it in selecting a new superintendent without violating the open meetings law. OAG 80-247.
Where the riverport authority plans to discuss at a meeting the hiring of professional engineers, through a corporation or other business entity, to prepare an environmental impact statement, the open meetings exception of KRS 61.810(6) does not apply. OAG 79-512.
Meetings of the state or a local human rights commission for conciliation purposes need not be open to the public. OAG 79-412.
Consideration by the board of education of the appointment of a superintendent may be conducted in a closed meeting and such consideration may include personal interviews with the candidates. Final action of voting on whether to employ and appoint a particular candidate should take place in an open meeting. OAG 77-392.
Discipline hearings on city employees may not be open to the public and may be closed without going through preliminary formality; persons who may be present at a closed hearing discussed; deliberations of the civil service board may be closed. OAG 75-354.
The Louisville Arena Task Force violated the Open Meetings Act in conducting an unauthorized closed session discussion relative to the hiring of a consultant to aid the Task Force under KRS 61.810(1)(g) and (k); although the Task Force contests the allegation that it took final action in closed session, and the Attorney General cannot resolve this factual dispute, its position that KRS 61.815(2) authorizes final action in a properly conducted closed session is without merit. 05-OMD-148 (7-4-2005).
Jefferson City Council did not violate the Open Meetings Act when it moved its location due to an unforeseen scheduling conflict and thereafter took reasonable measures to notify the public of the change; however, the record on appeal did not contain sufficient evidence to support Council's reliance on KRS 61.810(1)(f) to conduct a closed session and Council violated the Act by discussing "employee matters" in closed session. 05-OMD-011 (2-2-05).
Where a series of less than quorum telephonic meetings are held for the purpose of discussing city employee's employment status, those meetings otherwise fell within the zone of prohibited conducted under KRS 61.810(2). 02-OMD-153 (8-23-02).
A city violates the Open Meetings Law when the stated reason for going into a closed session is "discussion of personnel" and the counsel proceeds to discuss topics other than those publicly announced prior to convening the closed session; the only personnel matters which can be discussed in a closed session pertain to possible appointment, discipline, or dismissal of personnel of that particular agency and the specific reason for the closed session must be stated prior to closing the session. 97-OMD-124 (8-5-97).
A public agency violates the Open Meetings Act when it invokes an exception to the act and gives as its reasons the intent to discuss individual personnel matters or specific employee matters and does not specify whether these personnel matters involve the possible appointment, discipline, or dismissal of personnel of that agency as justified under the exceptions in KRS 61.810(1)(f). 97-OMD-110 (7-7-97).
A university's board of regents incorrectly relied upon KRS 61.810(1)(f) to close an otherwise public meeting to discuss the appointments of persons to a presidential search committee created by the board since such actions did not involve the appointment of employers, members, or students. 97-OMD-80 (5-15-97).
In the absence of a contract between the parties, KRS 61.810(1)(f) would permit the holding of closed discussions between the parties relative to the contractual negotiations which might subsequently result in the appointment of the person by the public agency. 96-OMD-97 (4-25-96).
It is not a violation of the Open Meetings Act when a public agency goes into a closed session to discuss whether a particular employee would be retained and it does not notify the affected employee of the discussion or schedule a hearing on the matter. 95-OMD-93 (6-26-95).
The city council improperly withheld the disclosure of the selection of an architect to build the courthouse until all of the unsuccessful applicants were notified. 94-OMD-127 (10-25-94).
KRS 61.810(1)(f) does not require that an employee be given notice of the discussion or an opportunity to attend a discussion by the city commission relative to the possible dismissal of that employee. 94-OMD-122 (10-25-94).
Where a county planning and zoning commission employee sought to modify the terms and conditions of her employment, it was improper to meet in a closed session because the negotiations with the employee don't involve possible appointment, discipline, or dismissal of that person. 94-OMD-63 (5-12-94).
Committees created by a mayor and city council are public agencies subject to KRS 61.810(1)(f) and can only discuss in closed session those personnel matters which might lead to appointment, discipline, or dismissal of municipal personnel. 93-OMD-49 (4-23-93).
6. Local legislation
Although a quorum of city commissioners may have discussed the issue of the reduction of police officers' salaries among themselves at a gathering other than a regular meeting, there were no secret meetings and the testimony showed that the entire matter was publicly aired in the press and broadcast media and that the police officers, themselves and through counsel, engaged in discussions with commissioners regarding the reduction of their salaries; therefore, the city commissioners did not violate the Open Meetings Act by enacting an ordinance reducing the police officers' salaries. Beckham v. City of Bowling Green (Ky.App. 1987) 743 S.W.2d 858. Municipal Corporations 92
A fiscal court may not discuss in executive session a draft of a proposed ordinance. Fiscal Court of Jefferson County v. Courier-Journal and Louisville Times Co. (Ky. 1977) 554 S.W.2d 72.
A city council cannot hold a closed session to discuss juveniles, as no exception is provided in KRS 61.810 for this purpose. OAG 84-317.
An informal meeting of a majority of councilmen to decide how they would vote on a measure at the regular meeting constitutes a public meeting under the Open Meetings Act. OAG 80-81.
Presenting a memorandum about city business to a gathering of quorum of the city council and making comments concerning the details of the memorandum amounts to a meeting where public business is discussed and the public is entitled to notice even though the council remains silent during both instances. 03-OMD-022 (2-7-03).
7. Parole board
Parole board deliberations may be closed to the public, and parole board hearings conducted pursuant to KRS 439.340(5) may be closed to the public pursuant to a closure request, but parole board hearings conducted pursuant to KRS 439.340(2) must be open to the public even if conducted by less than a quorum. OAG 92-146.
8. Quasi-judicial bodies
A city council, after holding a public hearing on proposed zoning changes wherein testimony, arguments, and rebuttal were heard, may properly close its meeting to deliberate on the proposed changes because deliberations are "adjudicatory" and thus "quasi-judicial." OAG 83-446.
9. Quorum
The open meetings law applies only to those meetings of public agencies at which a quorum is present. OAG 84-49.
The Governor's Office of Agricultural Policy did not violate the Open Meetings Act in failing to publicize a series of roundtable discussions inasmuch as neither a quorum of its members, nor a quorum of the members of its governing body, the Agricultural Development Board, was present at these discussions. 05-OMD-164 (8-2-2005).
Although the Attorney General cannot ascertain the subjective intent of the mayor and council members of the City of Morgantown in conducting a series of less than quorum telephonic meetings to discuss a loan guarantee on which a council vote was later taken, those meetings otherwise fell within the zone of conduct prohibited by KRS 61.810(2) and violated the Open Meetings Act. 05-OMD-026 (2-25-05).
Because the record on appeal contained no evidence that a quorum of the members of the committee were present at a single meeting from which the public was excluded, or that the members engaged in a series of less than quorum meetings for the purpose of avoiding the requirements of the Open Meetings Act, the Lincoln County High School Smaller learning Communities Committee did not violate the Act when four of its twenty-four members met in advance to formulate a proposed policy. 04-OMD-073 (5-17-2004).
Where a series of less than quorum telephonic meetings are held for the purpose of discussing city employee's employment status, those meetings otherwise fell within the zone of prohibited conducted under KRS 61.810(2). 02-OMD-153 (8-23-02).
A gathering of a quorum of members of the Monticello City Council at local restaurant following regular meeting did not violate the Open Meetings Act because members did not discuss public business. 00-OMD-147 (8-7-00).
The workers' compensation advisory council violates the Open Meetings Act by conducting a series of less than quorum meetings where the number of members attending the meetings collectively total at least a quorum of members of the agency, and if the meetings are conducted for the purpose of avoiding the requirements of the Open Meetings Act. 96-OMD-261 (12-6-96).
A meeting of a group of public officials from various governmental entities where none is represented by a quorum and where the group does not exist pursuant to a statute, ordinance, order, or resolution does not constitute a meeting of a public agency governed by the Open Meetings Act. 96-OMD-174 (8-13-96).
The attendance by a quorum of the members of an urban-county council at a convention or conference organized by someone other than the council does not in and of itself constitute a meeting of the council. Council members attending such a convention are not authorized to take action affecting their city nor are they permitted to discuss matters directly affecting their city. 95-OMD-136 (10-11-95).
10. Business
KRS 61.815(1) applies to the Kentucky Board of Medical Licensure, and the Board violated KRS 61.815(1)(a) by failing to give notice "in the regular open meeting of the business to be discussed in closed session, the reason for the closed session, and the specific provision of KRS 61.810 authorizing the closed session" when Inquiry Panel B of the Board went into closed session at the January 13 meeting to consider a grievance against Governor Ernie Fletcher, and that the Board, as authorized by KRS 61.815(1)(j), did not violate the Open Meetings Act in going into closed session to deliberate the grievance, but there was insufficient evidence in the record to support the claimed violation that the Board members conducted discussions of unauthorized topics in that closed session. 05-OMD-017 (2-9-05).
The city commission may not close a meeting pertaining to discussions concerning a business locating in the area under KRS 61.810(1)(g) where the business has publicly announced that it is locating in the area. 94-OMD-119 (10-5-94).
A fiscal court violates the Open Meetings Act when its members meet individually or in small groups with the county's industrial recruiter and persons from a private corporation relative to the possible location of that corporation in the county, even though a valid exception under KRS 61.810(1)(g) would apply had the meeting occurred and then been brought into closed session for consideration. 94-OMD-106 (9-16-94).
Governor's Council of Economic Advisors violated the Open Meetings Act by failing to observe the formalities for conducting a closed session and by belatedly invoking KRS 61.810(1)(g) as the statutory exemption authorizing the closed session. 01-OMD-227 (11-29-01).
11. Procedural issues
Coverage of the Open Meetings Law was broad enough to include city's action terminating police captain, but absent evidence that captain followed the procedures set forth in Law, captain was not entitled to any relief; record reflected that the hearing was continued once on captain's motion, and re-noticed once by captain's counsel with no mention of a request to advertise the hearing. Howard v. City of Independence (Ky.App. 2005) 2005 WL 2807040. Municipal Corporations 185(8)
Discussions between members of county board of education during executive session concerning matters not identified in open meeting with proper notice violated Open Meetings Act, and any action taken as result of such discussions was therefore voidable; minutes of meeting indicated that reason for secret session was "personnel," discussion in fact concerned general reorganization and restructuring of district's central administrative office involving multiple employees, and minutes did not refer to "proposed or pending litigation" exception to Act later offered as justification for executive session. Floyd County Bd. of Educ. v. Ratliff (Ky. 1997) 955 S.W.2d 921. Schools 57
Mere fact that no objection was made by public at the time county board of education went into improper executive session did not justify or excuse impropriety, as state Open Meetings Act did not require that public objection be made to conduct prohibited thereunder. Floyd County Bd. of Educ. v. Ratliff (Ky. 1997) 955 S.W.2d 921. Schools 57
A fiscal court which considers and disapproves a zoning change recommendation from the planning commission is not exempt from the Kentucky Open Meetings Act, KRS 61.805 to 61.845, as being a "public agency", or the legislature would have included it among the exceptions enumerated in KRS 61.810, and since KRS 61.830 rendered action taken without substantial compliance with the act voidable, the court's failure to comply with the act coupled with its consideration of evidence not properly before the reviewing body voids the court's decision. Ridenour v. Jessamine County Fiscal Court (Ky.App. 1992) 842 S.W.2d 532.
Board of Accountancy violated the open meeting laws by conducting its final deliberations in a closed session; however, action of Board in censuring accountant was not void because accountant raised no objection and because he demonstrated no prejudice as a result of the Board's action. Stinson v. State Bd. of Accountancy (Ky.App. 1981) 625 S.W.2d 589. Accountants 5
A city council's refusal to grant a request for a public hearing made by police officers subject to dismissal due to budgetary constraints violated KRS 61.810(6), which, though excepting from the open meetings requirement any discussions or hearings which might lead to appointment, discipline, or dismissal of an individual employee, does not restrict the employee's right to a public hearing if requested. OAG 84-302.
A school board properly held a closed meeting to deliberate on the expulsion of a student after receiving evidence in open hearing. However, where the school superintendent represented the school in a quasi-attorney role throughout the open session, his presence at the closed session would be improper. OAG 83-488.
A city council violates the Open Meeting Act by characterizing a meeting as a recessed meeting and maintaining that no notice of the meeting is required where there was not a quorum of the council members present at the initial meeting, thereby making the recess ineffective and making the subsequent meeting a rescheduled or special meeting subject to notice and agenda requirements of KRS 61.823. 02-OMD-127 (7-10-02).
A fiscal court violates the provisions of the Open Meetings Act by providing a notice in advance for regularly scheduled special meetings when there is no such thing as a proper advance notice of a special meeting under KRS 61.823. 94-OMD-50 (3-30-94).
A city's response to a complaint under the Open Meetings Act that any violation was "accidental and unintentional" is statutorily deficient. 92-OMD-1840 (12-29-92).
A city council violates the Open Meeting Act when during a closed session to discuss discipline of police officers the council also discusses the possible discharge of the city's architects which falls outside of the parameters of the exception contained in KRS 61.810(1)(f). 02-OMD-6 (1-11-02).
12. Education and university boards
A board of education may not conduct a discussion of general personnel matters at a closed meeting. Jefferson County Bd. of Ed. v. Courier-Journal (Ky.App. 1977) 551 S.W.2d 25.
Meetings of a university senate, college faculty, or department faculty are subject to the Open Meetings Law. OAG 94-25.
If an offer of employment as school superintendent is not accepted by an applicant prior to a second meeting with the school board, no contract is in effect at the time of such meeting, and discussions concerning salary and length of contract need not take place at an open meeting. OAG 91-144.
KRS 61.810(6) may not be invoked by a university to close a public meeting of a board of trustees committee on academic standards for student athletes where personnel matters dealing with an individual's appointment, discipline, or dismissal are involved. The Buckley Amendment, 20 USC 1232g, cannot be invoked to close an otherwise public meeting concerning facts about a student learned independently of his school records. OAG 90-125.
An advisory committee appointed by the superintendent of a county board of education is a public agency subject to the provisions of the Open Meetings Act. OAG 89-25.
When all the members of a board of education attend a meeting, calling themselves a committee, the open meetings law must be observed. OAG 83-102.
Minutes of a properly held closed meeting may be kept confidential at the discretion of the school board; minutes should be kept of a closed session but are not required to be made public. OAG 81-235.
Because the student officer qualifies as a 'member' pursuant to KRS 61.805, whose removal or 'dismissal' was being contemplated, the University of Louisville Student Government Association properly relied upon KRS 61.810(1)(f) as authority for the closed session which prompted this appeal; to the extent that the SGA failed to respond to the complaint in writing within three business days as mandated by KRS 61.846(1), the SGA committed a procedural violation of the Open Meetings Act. 05-OMD-086 (5-5-2005).
Eastern Kentucky university's financial aid professional judgment committee may enter into closed session to discuss individual appeals pursuant to KRS 61.810(1)(k). 98-OMD-142 (9-1-98).
The Family Educational Rights and Privacy Act prohibits the disclosure of personally identifiable information in education records, including information relating to student housing and specifically housing appeals; therefore, the housing appeals committee is authorized to go into a closed session to discuss student housing appeals. 97-OMD-139 (9-8-97).
A local school board may not discuss the possibility of creating a new position in a closed session. 94-OMD-103 (9-9-94).
61.815 Requirements for conducting closed sessions
(1) Except as provided in subsection (2) of this section, the following requirements shall be met as a condition for conducting closed sessions authorized by KRS 61.810:
(a) Notice shall be given in regular open meeting of the general nature of the business to be discussed in closed session, the reason for the closed session, and the specific provision of KRS 61.810 authorizing the closed session;
(b) Closed sessions may be held only after a motion is made and carried by a majority vote in open, public session;
(c) No final action may be taken at a closed session; and
(d) No matters may be discussed at a closed session other than those publicly announced prior to convening the closed session.
(2) Public agencies and activities of public agencies identified in paragraphs (a), (c), (d), (e), (f), but only so far as (f) relates to students, (g), (h), (i), (j), (k), (l), and (m) of subsection (1) of KRS 61.810 shall be excluded from the requirements of subsection (1) of this section.
HISTORY: 2005 c 93, § 2, eff. 3-16-05; 1992 c 162, § 4, eff. 7-14-92; 1974 c 377, § 3
NOTES OF DECISIONS AND OPINIONS
In general 1
Personnel matters 2
Litigation 3
Minutes of meetings 4
Notice 5
Public announcement 6
Hearing 7
Procedural issues 8
1. In general
Open Meetings Act requires that specific reason given by public body for closed session must be only topic of discussion while convened in secret session. Floyd County Bd. of Educ. v. Ratliff (Ky. 1997) 955 S.W.2d 921. Administrative Law And Procedure 124
Frankfort electric and water plant board acted improperly under Kentucky open meetings law by not taking a formal vote, in open meeting, on a motion for a closed session, contra to KRS 61.815(2); discussing a matter in closed session was not exempted from open meetings under KRS 61.810, taking a final action in closed session was contra to KRS 61.815(3), and discussing a matter in closed session that was not announced to be discussed in open meeting was contra to KRS 61.815(4). The board's stated proposal to discuss "personnel matters" at the closed session was proper under KRS 61.815(1). OAG 83-377.
Disciplinary hearings before boards of education are generally exempt from KRS 61.815 which lists the requirements for conducting closed sessions. OAG 81-135.
2. Personnel matters
The city board of commissioners does not violate the open meetings statute, KRS 61.815, by deliberating in a closed session in deciding whether to terminate a firefighter for inefficiency. Blair v. City of Winchester (Ky.App. 1987) 743 S.W.2d 28. Municipal Corporations 92
A school board may go into closed session to discuss the superintendent's recommendations on personnel which have to do with the employment or nonemployment of teachers. It is not necessary to state the names of the persons to be discussed in open session before going into closed session. A board cannot go into closed session on a personnel matter until the superintendent has first made a recommendation on the matter. OAG 83-379.
The Louisville Arena Task Force violated the Open Meetings Act in conducting an unauthorized closed session discussion relative to the hiring of a consultant to aid the Task Force under KRS 61.810(1)(g) and (k); although the Task Force contests the allegation that it took final action in closed session, and the Attorney General cannot resolve this factual dispute, its position that KRS 61.815(2) authorizes final action in a properly conducted closed session is without merit. 05-OMD-148 (7-4-2005).
[]The Hurstbourne City Commission did not violate either KRS 61.815(1)(a) or 61.823(3) in electing to discuss a personnel matter, originally scheduled to be discussed in a closed session, in an open session, since the revision of the agenda for the special meeting during the course of the meeting by adding agenda items is permissible; --i in addition, the Mayor's inability to attend the December 23 special meeting due to personal obligations did not render the December 18 notice of the meeting invalid or otherwise deficient, since KRS 61.823 does not impose upon the public agencies the duty to accommodate the personal schedules of all officials who serve them. 04-OMD-199 (10-26-04).
A city violates the Open Meetings Law when the stated reason for going into a closed session is "discussion of personnel" and the counsel proceeds to discuss topics other than those publicly announced prior to convening the closed session; the only personnel matters which can be discussed in a closed session pertain to possible appointment, discipline, or dismissal of personnel of that particular agency and the specific reason for the closed session must be stated prior to closing the session. 97-OMD-124 (8-5-97).
A public agency violates the Open Meetings Act when it invokes an exception to the act and gives as its reasons the intent to discuss individual personnel matters or specific employee matters and does not specify whether these personnel matters involve the possible appointment, discipline, or dismissal of personnel of that agency as justified under the exceptions in KRS 61.810(1)(f). 97-OMD-110 (7-7-97).
It is not a violation of the Open Meetings Act when a public agency goes into a closed session to discuss whether a particular employee would be retained and it does not notify the affected employee of the discussion or schedule a hearing on the matter. 95-OMD-93 (6-26-95).
3. Litigation
Failure of county joint planning commission to cite specific statutory provision regarding proposed-litigation exception to open meetings law before entering into executive session did not result in commission's action, which contested city's decision to deny commission's recommendation to deny property owners' request for zoning map amendment for purpose of allowing expansion of quarry, being declared void; there was no evidence that any prejudice was created by commission's failure, motions to authorize litigation were made in open meetings, and there was no record of anyone requesting to address commission or voice concern about commission's actions. Chandler v. Bullitt County Joint Planning Com'n (Ky.App. 2002) 125 S.W.3d 851, rehearing denied, review denied. Zoning And Planning 196
A closed session to discuss "possible litigation" is proper. Notice that a closed meeting will be held to discuss "possible litigation" is sufficient when the discussion at the open meeting demonstrated an impasse indicative of future litigation between the public agency and a franchisee over regulation of a rate increase. OAG 84-240.
The provisions of KRS 61.815 do not apply to public agency discussions concerning litigation. OAG 76-643.
The board of directors of the Kentucky employers' mutual insurance authority (KEMI) violates the Open Meetings Act by deciding to initiate litigation during a closed session or executive session of a meeting as no final action may be taken at a closed session. 97-OMD-96 (6-16-97).
A municipal utility violates the Open Meetings Act by invoking the litigation exception to close a meeting to discuss a matter which does not involve litigation by or against the municipal utility but which might cause a private corporation to file a bankruptcy petition in response to a decision taken by the municipal utility on a contractual matter. 94-OMD-110 (9-21-94).
The description of items to be discussed or acted upon in the non-mandatory agenda for a regular session need not be sufficiently specific to insure fair notice to the public. 01-OMD-181 (10-22-01).
4. Minutes of meetings
A county board of education acts within the provisions of the Open Records Act when it refuses to furnish a requesting party a copy of that portion of a tape recording of its meeting involving an executive or closed session at which such party was discussed, as such tape recording constitutes a preliminary draft and preliminary notes of such proceeding. OAG 87-44.
The minutes of a properly conducted executive session of a meeting of a public agency do not have to be made available for public inspection if to do so would defeat the purpose of having conducted an executive session. OAG 85-136.
Minutes of a meeting, open or closed, are not required to show any more than the formal action taken and the votes cast by the members. It is not required to summarize the discussion or record what any of the members said. OAG 81-387.
The Hurstbourne City Commission violated the Open Meetings Act by failing to observe formalities in conducting closed sessions per KRS 61.815(1)(a) and modifying draft minutes to show something other than what actually occurred at the meeting, to reflect compliance with this provision in contravention of KRS 61.835, which requires an accurate record of votes and actions taken at every meeting; however, the record does not support the claim that unauthorized topics were discussed in closed session. 04-OMD-179 (9-27-04).
5. Notice
Prior notice of a proposed closed session must be given in a regular open meeting and must set out the general nature of the business to be considered and the reason for secrecy. Jefferson County Bd. of Ed. v. Courier-Journal (Ky.App. 1977) 551 S.W.2d 25. Administrative Law And Procedure 124
KRS 61.815(1) applies to the Kentucky Board of Medical Licensure, and the Board violated KRS 61.815(1)(a) by failing to give notice "in the regular open meeting of the business to be discussed in closed session, the reason for the closed session, and the specific provision of KRS 61.810 authorizing the closed session" when Inquiry Panel B of the Board went into closed session at the January 13 meeting to consider a grievance against Governor Ernie Fletcher, and that the Board, as authorized by KRS 61.815(1)(j), did not violate the Open Meetings Act in going into closed session to deliberate the grievance, but there was insufficient evidence in the record to support the claimed violation that the Board members conducted discussions of unauthorized topics in that closed session. 05-OMD-017 (2-9-05).
If the agenda incorporated into the written notice of the board of regents of its special meeting listed but one substantive item for discussion, a discussion by the board of any other substantive matter, whether discussed in an open or closed session, is a violation of the Open Meetings Act. 95-OMD-149 (10-25-95).
6. Public announcement
Announcement only of the general nature of the business to be discussed is required before going into closed session. No announcement or action is required after a closed session unless a final action is to be taken. OAG 80-248.
Under open meetings law, an executive session cannot be held without first announcing the purpose in an open meeting. No matters may be discussed in an executive session other than those publicly announced prior to convening the closed session. OAG 74-764.
Mead County Solid Waste and Recycling Board violated KRS 61.815(1)(d) in discussing in closed session matters not publicly announced prior to convening that closed session; the fact that no objection was made by the public at the time of the meeting is no excuse for the improper discussion during the closed meeting. 03-OMD-170 (7-18-03).
A closed session must be limited to the subject matter publicly announced prior to convening the closed session. 95-OMD-93 (6-26-95).
7. Hearing
Even though meetings of public agencies which deal with the dismissal, appointment or discipline of an employee are exempt from the open meeting requirements, it violates the statute when a hearing board refuses to grant a request for a public hearing made by an accused. Reed v. City of Richmond (Ky.App. 1979) 582 S.W.2d 651.
A closed session may be held on a personnel matter of a particular employee without formal charges being made against the employee. If formal charges are made, the employee is entitled to an open hearing if he so desires. OAG 81-413.
8. Procedural issues
Board of Accountancy violated the open meeting laws by conducting its final deliberations in a closed session; however, action of Board in censuring accountant was not void because accountant raised no objection and because he demonstrated no prejudice as a result of the Board's action. Stinson v. State Bd. of Accountancy (Ky.App. 1981) 625 S.W.2d 589. Accountants 5
Where a series of less than quorum telephonic meetings are held for the purpose of discussing city employee's employment status, those meetings otherwise fell within the zone of prohibited conducted under KRS 61.810(2). 02-OMD-153 (8-23-02).
A public agency is required to cite the statutory subsection relied upon to support closing the meeting prior to the beginning of the closed session. 95-OMD-93 (6-26-95).
It is a violation of the Open Meetings Act when the notice, motion, and vote relative to the closed session is given, made, and taken at a site which does not constitute the forum for the open and public meeting. 95-OMD-92 (6-20-95).
Governor's Council of Economic Advisors violated the Open Meetings Act by failing to observe the formalities for conducting a closed session and by belatedly invoking KRS 61.810(1)(g) as the statutory exemption authorizing the closed session. 01-OMD-227 (11-29-01).
61.820 Schedule of regular meetings to be made available
All meetings of all public agencies of this state, and any committees or subcommittees thereof, shall be held at specified times and places which are convenient to the public, and all public agencies shall provide for a schedule of regular meetings by ordinance, order, resolution, bylaws, or by whatever other means may be required for the conduct of business of that public agency. The schedule of regular meetings shall be made available to the public.
HISTORY: 1992 c 162, § 5, eff. 7-14-92; 1974 c 377, § 4
NOTES OF DECISIONS AND OPINIONS
In general 1
Time 2
Location 3
Special meeting 4
1. In general
Open-meetings statutes are designed to prevent government bodies from conducting its business at such inconvenient times or locations as to effectively render public knowledge or participation impossible. Knox County v. Hammons (Ky. 2004) 129 S.W.3d 839, as modified. Administrative Law And Procedure 124
The Louisville Metro Council Republican Caucus is a public agency for open meetings purposes and is required to comply with the requirements of the Act; its failure to acknowledge its status as a public agency and its legal obligation to observe the requirements of the open meetings Act constitutes a violation of the Act. 03-OMD-187 (8-13-03).
A public agency may not conduct a meeting which is required by law to be open to the public by a telephone conference call. OAG 92-151.
2. Time
The Foley Middle School Site Based Decision Making Committee did not violate the notice requirements of the Open Meetings Act by delaying the 6:30 p.m. regular meeting by 30 minutes to accommodate parents and teachers engaged in conferences; the record on appeal did not support a claim of conscious violation of the Act. OAG-04-OMD-056 (4-6-2004).
There being no statute providing the county judge/executive with unilateral authority to fix the beginning time of regular term meetings of the fiscal court, the fiscal court may, by resolution, fix such time, subject to it being a time "convenient to the public" in accordance with KRS 61.820. OAG 95-26.
Absent sufficient evidence to the contrary, the scheduling of a school board meeting during school hours is not at a time that is inconvenient to the public. OAG 95-OMD-106 (7-18-95).
A 9:00 a.m. starting time for a public meeting may be inconvenient for the appealing party but cannot be said to be inconvenient for the public at large. OAG 93-OMD-20 (2-23-93).
3. Location
County's decision to hold public meeting regarding county's proposed occupational tax ordinance during busy county festival and at district courtroom, which was located near festival, did not violate Kentucky's Open Meetings Act, although numerous citizens were not able to enter crowded courtroom, and although available parking near courthouse during festival was virtually non-existent; special meeting was announced to public, large number of citizens did attend meeting, and there was no indication that persons wishing to attend or participate were effectively prevented from doing so. Knox County v. Hammons (Ky. 2004) 129 S.W.3d 839, as modified. Counties 52
Jefferson City Council did not violate the Open Meetings Act when it moved its location due to an unforeseen scheduling conflict and thereafter took reasonable measures to notify the public of the change; however, the record on appeal did not contain sufficient evidence to support Council's reliance on KRS 61.810(1)(f) to conduct a closed session and Council violated the Act by discussing "employee matters" in closed session. 05-OMD-011 (2-2-05).
When viewed in light of Knox County v. Hammons, Ky., 129 S.W.3d 839 (2004), the evidence of record does not support the claim that the actions of the city in failing to conduct a public meeting at a time and place convenient to the public and to provide meeting room conditions violated KRS 61.820 and KRS 61.840; Kentucky's Open meetings Act does not impose upon government agencies the requirement to conduct business only in the most convenient locations at the most convenient times, but only that government business not be conducted in secret. 04-OMD-145 (8-31-04).
A city may have an ordinance which provides that city council meetings shall be held at different locations specifically identified within the city, on stated dates and at stated times. OAG 83-208.
Where a local school board moves a meeting from the school board office to the school library the latter location becomes the designated meeting site from which all remaining proceedings and actions relative to the meeting must be conducted; in the absence of any compelling reason to do so, the local school board is not justified in moving the meeting to another location where such action is inconvenient to the public. OAG 97-OMD-84 (5-22-97).
A public agency violates the Open Meetings Act by not making a good faith effort to accommodate the overflow crowds at a meeting and providing them with an opportunity to observe the proceedings. OAG 97-OMD-28 (2-19-97).
Where a board of aldermen meeting attracts a crowd that exceeds the capacity of the meeting room and the overflow crowd is permitted to view the meeting from another room by television, there is no violation of the Open Meeting Law. OAG 94-OMD-87 (7-11-94).
4. Special meeting
A fiscal court's notice of a series of special meetings is inadequate by making reference only to the first day of the meetings in the notice and omitting the dates, times and topics to be discussed at the subsequent meetings or work sessions. OAG 99-OMD-213 (11-23-99).
As a public agency, a levee board should establish a schedule of regular meetings by ordinance, regulation, bylaws or other means. A room in the post office is suitable for such meetings if the room is large enough and accessible to the public. When a newspaper has filed a letter requesting to be notified of special meetings, the levee board must give written notice at least twenty-four hours in advance. A commissioner cannot waive his right to receive a notice of a special meeting. The minutes should set forth an accurate record of votes and actions at the meetings. The minutes must show how each member voted or if he abstained. OAG 82-412.
A fiscal court violates the provisions of the Open Meetings Act by providing a notice in advance for regularly scheduled special meetings when there is no such thing as a proper advance notice of a special meeting under KRS 61.823. OAG 94-OMD-50 (3-30-94).
A meeting deemed an adjourned meeting rather than a recessed meeting is a continuation of a regular meeting, as opposed to a special meeting with various notice and posting requirements. OAG 93-OMD-123 (10-27-93).
When a public agency deviates from its regular meeting schedule and reschedules that regular meeting, the rescheduled meeting becomes a special meeting subject to the notice, delivery, and posting provisions of KRS 61.823. OAG 92-OMD-1677 (11-20-92).
When a city deviates from its regular meeting schedule and reschedules a regular meeting, any rescheduled meeting constitutes a special meeting even if it eventually ends up being rescheduled on the original regular meeting date. OAG 92-OMD-1473 (10-13-92).
A county planning and zoning commission violates the Open Meeting Act by omitting the agenda from a special meeting notice and failing to timely respond to the open meetings complaint. OAG 02-OMD-11 (1-17-02).
The description of items to be discussed or acted upon in the non-mandatory agenda for a regular session need not be sufficiently specific to insure fair notice to the public. OAG 01-OMD-181 (10-22-01).
61.823 Special meetings; emergency meetings
(1) Except as provided in subsection (5) of this section, special meetings shall be held in accordance with the provisions of subsections (2), (3), and (4) of this section.
(2) The presiding officer or a majority of the members of the public agency may call a special meeting.
(3) The public agency shall provide written notice of the special meeting. The notice shall consist of the date, time, and place of the special meeting and the agenda. Discussions and action at the meeting shall be limited to items listed on the agenda in the notice.
(4) (a) As soon as possible, written notice shall be delivered personally, transmitted by facsimile machine, or mailed to every member of the public agency as well as each media organization which has filed a written request, including a mailing address, to receive notice of special meetings. The notice shall be calculated so that it shall be received at least twenty-four (24) hours before the special meeting. The public agency may periodically, but no more often than once in a calendar year, inform media organizations that they will have to submit a new written request or no longer receive written notice of special meetings until a new written request is filed.
(b) As soon as possible, written notice shall also be posted in a conspicuous place in the building where the special meeting will take place and in a conspicuous place in the building which houses the headquarters of the agency. The notice shall be calculated so that it shall be posted at least twenty-four (24) hours before the special meeting.
(5) In the case of an emergency which prevents compliance with subsections (3) and (4) of this section, this subsection shall govern a public agency's conduct of a special meeting. The special meeting shall be called pursuant to subsection (2) of this section. The public agency shall make a reasonable effort, under emergency circumstances, to notify the members of the agency, media organizations which have filed a written request pursuant to subsection (4)(a) of this section, and the public of the emergency meeting. At the beginning of the emergency meeting, the person chairing the meeting shall briefly describe for the record the emergency circumstances preventing compliance with subsections (3) and (4) of this section. These comments shall appear in the minutes. Discussions and action at the emergency meeting shall be limited to the emergency for which the meeting is called.
HISTORY: 1992 c 162, § 6, eff. 7-14-92
NOTES OF DECISIONS AND OPINIONS
In general 1
Notice 2
Agenda 3
Rescheduled meeting 4
1. In general
School board complied with Open Meetings Act in making decision to close high school and consolidate it with another high school; school board unanimously adopted resolution designating meeting date, press release concerning meeting had been distributed to each local newspaper, radio and television station, newspaper article clearly stated date, time, and purpose of meeting, citizens came to meeting and spoke out on the issue, all board members were in attendance, and there was no positive showing that local superintendent and board decided any matters regarding closing school in closed session. (Annotation from former KRS 61.825.) Coppage v. Ohio County Bd. of Educ. By and Through Likins (Ky.App. 1992) 860 S.W.2d 779, review denied. Schools 57
A public agency may not conduct a meeting which is required by law to be open to the public by a telephone conference call. OAG 92-151.
As a public agency, a levee board should establish a schedule of regular meetings by ordinance, regulation, bylaws or other means. A room in the post office is suitable for such meetings if the room is large enough and accessible to the public. When a newspaper has filed a letter requesting to be notified of special meetings, the levee board must give written notice at least twenty-four hours in advance. A commissioner cannot waive his right to receive a notice of a special meeting. The minutes should set forth an accurate record of votes and actions at the meetings. The minutes must show how each member voted or if he abstained. (Annotation from former KRS 61.825.) OAG 82-412.
The specific language of a statute governing the manner in which a special meeting of a local board of education may be called must prevail over the general language about calling special meetings found in the open meetings statute. (Annotation from former KRS 61.825.) OAG 79-130.
Actions taken in violation of the open meetings law will stand as valid unless voided by a court. (Annotation from former KRS 61.825.) OAG 77-75.
The Louisville Metro Council Republican Caucus is a public agency for open meetings purposes and is required to comply with the requirements of the Act; its failure to acknowledge its status as a public agency and its legal obligation to observe the requirements of the open meetings Act constitutes a violation of the Act. 03-OMD-187.GNP The Louisville Metro Council Republican Caucus is a public agency for open meetings purposes and is required to comply with the requirements of the Act; its failure to acknowledge its status as a public agency and its legal obligation to observe the requirements of the open meetings Act constitutes a violation of the Act. 03-OMD-187 (1-8-03).
2. Notice
A daily newspaper is a "local newspaper of general circulation" entitled to advance notice of special commission meetings called by the city when it (1) has news coverage and dissemination limited to the twelve northernmost counties of Kentucky including a certain city and its county; (2) employs a reporter covering that city and news correspondents who live in the city; (3) gathers and reports economic, educational, sports, human interest, government, and court news at the local level; and (4) is available at newsstands and convenience stores in the city. (Annotation from former KRS 61.825.) E.W. Scripps Co. v. City of Maysville (Ky.App. 1990) 790 S.W.2d 450.
The legislature, in enacting the Open Meetings Act, intended to maximize notice of public meetings; thus, giving a liberal construction to KRS 61.825(1) and also to the phrase "local newspaper of general circulation," in order to be entitled to notice of special meetings, a newspaper must show that it serves a limited geographical area and that its coverage of news in a particular city or county is regular and intensive. (Annotation from former KRS 61.825.) E.W. Scripps Co. v. City of Maysville (Ky.App. 1990) 790 S.W.2d 450.
A special meeting of council may be called by the mayor or by a majority of council, but written notice must be delivered in person or by mail to each member of council prior to the time of the meeting. The news media must also be notified. The mayor or council members calling the meeting are basically responsible for notification but they could direct the clerk to do so. (Annotation from former KRS 61.825.) OAG 84-250.
In failing to include the date with the time, place and agenda in the notice posted on the front door of City Hall as mandated by KRS 61.823(3), and discussing matters outside the scope of the item listed on the agenda in the posted notice, the Hazel City Council violated the Open Meetings Act. 05-OMD-138 (7-1-2005).
The Hurstbourne Area Transportation Study Advisory Team violated KRS 61.823 in failing to give proper notice of its special meeting; facts giving rise to the remaining allegations of the complaint, relating to selective admission and failure to respond to the complaint, are disputed, and the Attorney General cannot conclusively determine that these allegations are substantiated. 05-OMD-114 (6-7-2005).
The Hurstbourne City Commission did not violate either KRS 61.815(1)(a) or 61.823(3) in electing to discuss a personnel matter, originally scheduled to be discussed in a closed session, in an open session, since the revision of the agenda for the special meeting during the course of the meeting by adding agenda items is permissible; in addition, the Mayor's inability to attend the December 23 special meeting due to personal obligations did not render the December 18 notice of the meeting invalid or otherwise deficient, since KRS 61.823 does not impose upon the public agencies the duty to accommodate the personal schedules of all officials who serve them. 04-OMD-199 (10-26-04).
The city violated the Open Meetings Act by failing to post the proper notices at the city clerk's house and by failing to respond to complaints about the improper notices and that the meeting was held in a handicap inaccessible facility, although no evidence was presented that the facility was handicap inaccessible nor that a handicapped member of the public was denied access to the meeting; the content of the city's notice, posted in the front yard of the city clerk's home, did set forth the agenda of the special meeting as required by KRS 61.823(3). 04-OMD-194 (10-20-04).
The Foley Middle School Site Based Decision Making Committee did not violate the notice requirements of the Open Meetings Act by delaying the 6:30 p.m. regular meeting by 30 minutes to accommodate parents and teachers engaged in conferences; the record on appeal did not support a claim of conscious violation of the Act. 04-OMD-056 (4-6-2004).
Muldraugh City Council violated KRS 61.823(4)(b) in failing to post notice of a special meeting in the building where the meeting was to be held, and KRS 61.846(1) in failing to respond to an open meeting complaint in which this violation was alleged. 04-OMD-029 (2-12-04).
A board of educat