Another astute reporter points out the error of a city council's ways.

Appalachian News Express staff writer Austin Blankenship concludes this article about a recent Elkhorn City council special meeting with citation to the Office of the Attorney General's guide to open records and meetings.

The guide references the provision of the open meetings law, KRS 61.823(3), which limits discussion at a special meeting to those topics identified on the special meeting notice distributed and posted at least 24 hours before the special meeting. That special meeting notice *must* include an agenda, containing specific agenda topics (not "old business, "new business," "open to floor"). And the public agency is expressly restricted to discussion of the topics listed on the published agenda.

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23047

The Elkhorn City council advertised a special meeting to conduct a second reading of two ordinances, one relating to entertainment, outdoor tourism, and festivals.

According to Blankenship, discussion among city officials turned to vandalism and theft of signs relating to an upcoming wet-dry vote, how money from alcohol sales will be spent if the voters approve sales, staffing issues relating to implementation, and personal recriminations.

Assuming the accuracy of Blankenship's article, none of these topics appeared on the special meeting notice. Discussion of the non-agenda topics was legally impermissible and exposed the council to the threat of a successful legal challenge.

Whether such a challenge will be raised is uncertain, but the Elkhorn City council members would do well to pull out the referenced handbook (actually, I suggest a more current analysis of their legal obligations published by the OAG, "Your Duty Under the Law,") or at least take a tip from a local reporter (who might want to refer to "Protecting Your Right to Know," also a more current analysis of the law).

https://ag.ky.gov/publications/AG%20Publications/Your-Duty-Under-the-La…

https://ag.ky.gov/publications/AG%20Publications/Protecting-Your-Right-…