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THE KENTUCKY OPEN MEETINGS THE KENTUCKY OPEN MEETINGS ACTACT

KRS 61.805 – 61.850KRS 61.805 – 61.850

[T]he basic policy of KRS 61.805 to [T]he basic policy of KRS 61.805 to 61.850 is that the formation of public 61.850 is that the formation of public policy is public business and shall not policy is public business and shall not

be conducted in secret and the be conducted in secret and the exceptions provided for by KRS 61.810 exceptions provided for by KRS 61.810 or otherwise provided for by law shall or otherwise provided for by law shall

by strictly construed.by strictly construed.

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PURPOSE AND CONSTRUCTION PURPOSE AND CONSTRUCTION OF OPEN MEETINGS LAWOF OPEN MEETINGS LAW

• ““The express purpose of the Open Meetings Act is to maximize The express purpose of the Open Meetings Act is to maximize notice of public meetings and actions. The failure to comply with the notice of public meetings and actions. The failure to comply with the

strict letter of the law in conducting meetings of a public agency strict letter of the law in conducting meetings of a public agency violates the public good.”violates the public good.”

• Floyd County Board of Education v. RatliffFloyd County Board of Education v. Ratliff• 955 SW 2d 921 (1997)955 SW 2d 921 (1997)

• ““Statutes enacted for the public benefit should be interpreted most Statutes enacted for the public benefit should be interpreted most favorably to the public.”favorably to the public.”

• Board of Public Instruction v. DoranBoard of Public Instruction v. Doran• 224 So..2d 693 (Fla.1969)224 So..2d 693 (Fla.1969)

• Cited with approval in Cited with approval in • Courier Journal and Louisville Times Co. v.Courier Journal and Louisville Times Co. v.

• University of Louisville Board of TrusteesUniversity of Louisville Board of Trustees• 569 SW2d 374 (1979)569 SW2d 374 (1979)

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MANDATE OF THE OPEN MANDATE OF THE OPEN MEETINGS ACTMEETINGS ACT

• ALL MEETINGSALL MEETINGS of a quorum of the of a quorum of the members of any members of any PUBLIC AGENCYPUBLIC AGENCY at at which any public business is discussed or which any public business is discussed or at which any action is taken by the at which any action is taken by the agency, shall be public meetings, open to agency, shall be public meetings, open to the public at all times [except as otherwise the public at all times [except as otherwise provided in the Act].provided in the Act].

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PUBLIC MEETINGPUBLIC MEETING• ““ALL GATHERINGS OF EVERY ALL GATHERINGS OF EVERY

KINDKIND, including video , including video teleconferences, regardless of where teleconferences, regardless of where the meeting is held, and whether the meeting is held, and whether regular or special and informational regular or special and informational or casual gatherings held in or casual gatherings held in anticipation of or in conjunction with anticipation of or in conjunction with a regular or special meeting.”a regular or special meeting.”

• KRS 61.805(1)KRS 61.805(1)

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SERIAL MEETINGSSERIAL MEETINGSKRS 61.810(2)KRS 61.810(2)

• ““The Act prohibits a quorum from discussing The Act prohibits a quorum from discussing public business in private or meeting in number public business in private or meeting in number less than a quorum for the express purpose of less than a quorum for the express purpose of avoiding the open meeting requirement of the avoiding the open meeting requirement of the Act. KRS 61.810(2).”Act. KRS 61.810(2).”

• Yeoman v. Commonwealth, Ky., 983Yeoman v. Commonwealth, Ky., 983• S.W. 2d 459, 474 (1998)S.W. 2d 459, 474 (1998)

• ““Public business is the discussion of the various Public business is the discussion of the various alternatives to a given issue about which the alternatives to a given issue about which the agency has the option to take action.” agency has the option to take action.” Id. Id.

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• Any Any SERIESSERIES of less than quorum meetings, of less than quorum meetings, where the members attending one (1) or more of where the members attending one (1) or more of the meetings the meetings COLLECTIVELY CONSTITUTECOLLECTIVELY CONSTITUTE at at least a least a QUORUMQUORUM of the members of the public of the members of the public agency and where the meetings are held for the agency and where the meetings are held for the purpose of avoiding the requirements of the purpose of avoiding the requirements of the Open Meeting Act, shall be subject to the Open Meeting Act, shall be subject to the requirements of the Act. Nothing in this requirements of the Act. Nothing in this subsection shall be construed to prohibit subsection shall be construed to prohibit discussions between individual members where discussions between individual members where the purpose of the discussions is to educate the the purpose of the discussions is to educate the members on specific issues.members on specific issues.

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GENERAL REQUIREMENTS FOR GENERAL REQUIREMENTS FOR PUBLIC AGENCYPUBLIC AGENCY

• Time and Place of Meetings Time and Place of Meetings

• Minutes of Meetings Minutes of Meetings

• Public Attendance at Meetings Public Attendance at Meetings

• News Media Coverage News Media Coverage

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REQUIREMENTS FOR HOLDING REQUIREMENTS FOR HOLDING SPECIAL MEETINGSSPECIAL MEETINGS

• Who May Call – Presiding Officer or Majority Who May Call – Presiding Officer or Majority of Members of Members

• Notice Requirements – ContentNotice Requirements – Content

• Notice Requirements – Delivery and PostingNotice Requirements – Delivery and Posting

• Emergency Situations – Exception to Notice Emergency Situations – Exception to Notice RequirementsRequirements

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CLOSED SESSIONSCLOSED SESSIONSKRS 61.810(1)(m)KRS 61.810(1)(m)

• Public agencies may close:Public agencies may close:– That portion of a meeting devoted to a That portion of a meeting devoted to a

discussion of a specific public record discussion of a specific public record exempted from disclosure under KRS exempted from disclosure under KRS 61.878(1)(m) [the homeland security 61.878(1)(m) [the homeland security exception].exception].

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REQUIREMENTS FOR REQUIREMENTS FOR CONDUCTING CLOSED CONDUCTING CLOSED

SESSIONSSESSIONS• NOTICENOTICE

• MOTIONMOTION

• NO FINAL ACTIONNO FINAL ACTION

• MATTERS DISCUSSED MATTERS DISCUSSED

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COMMONLY CITED EXCEPTIONSCOMMONLY CITED EXCEPTIONSTO OPEN MEETINGS REQUIREMENTSTO OPEN MEETINGS REQUIREMENTS

• KRS 61.810(1)(b)KRS 61.810(1)(b) – deliberations on the future acquisition or sale of – deliberations on the future acquisition or sale of real property …real property …

• KRS 61.810(1)(c)KRS 61.810(1)(c) – discussions of proposed or pending litigation … – discussions of proposed or pending litigation …

• KRS 61.810(1)(f)KRS 61.810(1)(f) – discussions/hearings which might lead to – discussions/hearings which might lead to appointment, discipline or dismissal of an appointment, discipline or dismissal of an individual individual employee, member or student …employee, member or student …

• KRS 61.810(1)(g)KRS 61.810(1)(g) – discussions between a public agency and a – discussions between a public agency and a representative of a business representative of a business entity/discussions concerning a entity/discussions concerning a specific proposal … specific proposal …

• KRS 61.810(1)(m)KRS 61.810(1)(m) – discussions of a specific public record – discussions of a specific public record exempted from disclosure under “Homeland Security” …exempted from disclosure under “Homeland Security” …

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VIOLATIONS OF THE OPEN MEETINGS VIOLATIONS OF THE OPEN MEETINGS ACT MAY BE POSTULATED ONACT MAY BE POSTULATED ON

• A private meeting of a quorum of the members of a A private meeting of a quorum of the members of a public agency at which public business is discussed public agency at which public business is discussed oror action is taken (KRS 61.810(1) action is taken (KRS 61.810(1)

• A series of less than quorum meetings attended by A series of less than quorum meetings attended by members of the agency collectively constituting a members of the agency collectively constituting a quorum and held for the purpose of avoiding the quorum and held for the purpose of avoiding the requirements of the Open Meetings Act (KRS requirements of the Open Meetings Act (KRS 61.810(2)61.810(2)

• Failure to adopt a schedule of regular meetings or Failure to adopt a schedule of regular meetings or inadequate notice of special meetings (KRS 61.820 inadequate notice of special meetings (KRS 61.820 and KRS 61.823)and KRS 61.823)

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VIOLATIONS OF THE OPEN VIOLATIONS OF THE OPEN MEETINGS ACT MAY BE MEETINGS ACT MAY BE

POSTULATED ONPOSTULATED ON• Deviation from agenda for special meetings (KRS Deviation from agenda for special meetings (KRS

61.823(3)61.823(3)

• Failure to observe formalities for going into closed Failure to observe formalities for going into closed session (KRS 61.815(a)-(d)session (KRS 61.815(a)-(d)

• Improper topic for closed session or discussion of Improper topic for closed session or discussion of topics in closed session that were not publicly topics in closed session that were not publicly announced before entering closed session (KRS announced before entering closed session (KRS 61.810(1)(a)-(m) and (KRS 61.815(1)(d)61.810(1)(a)-(m) and (KRS 61.815(1)(d)

• Taking final action in closed session (KRS 61.815(1)(c)Taking final action in closed session (KRS 61.815(1)(c)

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VIOLATIONS OF THE OPEN VIOLATIONS OF THE OPEN MEETINGS ACT MAY BE MEETINGS ACT MAY BE

POSTULATED ONPOSTULATED ON• Conducting meetings at times or places that are Conducting meetings at times or places that are

inconvenient to the public (inconvenient to the public (KRS 61.820KRS 61.820))

• Failure to properly record minutes of meetings and to Failure to properly record minutes of meetings and to afford the public access to the minutes no later than afford the public access to the minutes no later than immediately following the next meeting of the agency immediately following the next meeting of the agency ((KRS 61.835KRS 61.835))

• Placing conditions on attendance, requiring attendees Placing conditions on attendance, requiring attendees to identify themselves, failing to provide meeting to identify themselves, failing to provide meeting room condition that allow effective public observation, room condition that allow effective public observation, and refusing to permit the media or a member of the and refusing to permit the media or a member of the public to record the meeting (public to record the meeting (KRS 61.840KRS 61.840))

• Failure to respond to an open meetings complaint Failure to respond to an open meetings complaint ((KRS 61.846(1)KRS 61.846(1)

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ADMINISTRATIVE PROCEDURES ADMINISTRATIVE PROCEDURES FOR ENFORCEMENTFOR ENFORCEMENT• ComplaintComplaint

– Directed to Agency’s presiding officerDirected to Agency’s presiding officer– State the circumstances constituting a violation State the circumstances constituting a violation – Propose remedial action Propose remedial action –

• Agency ResponseAgency Response– Written responseWritten response– Within three business days Within three business days – If agency agrees to remedy violation, a statement that it If agency agrees to remedy violation, a statement that it

will complywill comply– If agency rejects proposed remedial action, citation to If agency rejects proposed remedial action, citation to

specific statute(s) supporting its position, and brief specific statute(s) supporting its position, and brief explanationexplanation

– Issued by presiding officer or under his authorityIssued by presiding officer or under his authority

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ROLE OF THE ATTORNEY ROLE OF THE ATTORNEY GENERALGENERAL

• Appeal to Attorney General/Circuit Appeal to Attorney General/Circuit Court Court

• Notification Notification

• Request for Additional Documentation Request for Additional Documentation

• Decision Stating Whether Agency Decision Stating Whether Agency Violated Open Meetings Act Violated Open Meetings Act

• Appeal of Attorney General’s Decision Appeal of Attorney General’s Decision within Thirty Days within Thirty Days

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THE ENDTHE END