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Does the Kentucky Open Meetings Act authorize closed session discussion of a public official's reappointment?

Until earlier this year, the unequivocal answer was "no." The Jefferson County Board of Education is apparently not deterred by this decades old line of decisions

WDRB reports that the Board of Education will conduct a special meeting on Tuesday afternoon.

The special meeting notice states that the Board will "have discussions regarding the reappointment of the superintendent."

The notice further states that the "[d]iscussions will be held in executive session" and "includes a motion related to Pollio's reappointment as superintendent after closed-door talks."

Past Kentucky attorneys general consistently held that although the open meetings law permits closed session discussions that might lead to "appointment, discipline, or dismissal" of an employee, discussions of reappointment (essentially negotiating the extension of a contract) do not implicate the same privacy interests that appointment implicates.

https://ag.ky.gov/Resources/orom/1994/94OMD063.htm

In May, 2021, Attorney General Cameron rejected past open meetings decisions and affirmed the Fish and Wildlife Commission's closed session discussion of the reappointment of department commissioner, Rich Storm, with minimal reasoning other than declaring past attorneys general were wrong.

https://ag.ky.gov/Resources/orom/2021/21-OMD-091.pdf

That open meetings decision was appealed to the Franklin Circuit Court. It is pending.

https://www.facebook.com/419650175248377/posts/939074646639258/?d=n

In the meantime, JCPS runs a certain risk in taking its legal cues from a single open meetings decision that contradicts decades of open meetings interpretation.

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