Among the most commonly asked open meetings questions during my years in the attorney general's office was the question posed in this article: Can a public official who participated in a legally authorized closed session be penalized for publicly discussing matters discussed in closed session?

The answer is, in general, "no."

In Kentucky, as in Texas, the open meetings law does *not* prohibit "somebody from exercising their freedom of speech, their First Amendment right, regarding what happened in a meeting — open or closed."

In the Texas case that is the subject of the attached Valley Morning Star article, officials of the San Benito board of education undertook a coordinated effort to silence a member who was believed to have leaked information from a closed session to the press.

Referencing the Texas open meetings law, the message disseminated by these officials advised board members, staff, and the media "that it is a criminal violation punishable by law to divulge information that a board member has access to by virtue of the board member's office."

Challenged on their position, the same officials continue to characterize public discussion of closed session topics as a "prosecutable offense."

The email went on to threaten the use of "any of the legal tools available to enforce these confidentiality policies and ensure that information that is discussed in accordance to [sic] the provisions of the Texas Open Meetings Act remains confidential."

But Kelley Shannon, executive director of the Freedom of Information Foundation of Texas, was quick to point out that the law does not prohibit public discussion of closed session topics, and the board's message may well be intended to "intimidate people into silence."

In discussions with public officials, and others, through the years, I emphasized that members faced no legal consequences under the open meetings law for disclosing matters discussed in closed session, but that in doing so members ran the risk of undermining the agency's position on a given matter.

Whether the issue discussed in closed session relates to hiring or firing; pending litigation; the future acquisition or sale of real property; or any of the remaining exceptions, a member who publicly discusses the matters discussed in closed session may sabotage the agency he or she serves. The agency member should be aware of that potential before speaking publicly, but he or she is not generally prohibited from doing so —certainly not at the risk of criminal prosecution.