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The Kentucky Attorney General today issued a formal advisory opinion in which he provides guidance for local agency compliance with the open meetings law in the current health crisis.

In OAG 20-05, Attorney General Daniel Cameron relieves city and county agencies of the duty to identify a primary meeting site for public meetings conducted by video-teleconference, otherwise known as "virtual meetings."

In the opinion, addressed to Jim Henderson, Executive Director Kentucky Association of Counties

and J.D. Chaney, Executive Director Kentucky League of Cities, Attorney General Cameron concludes that:

"At this time and given the extraordinary circumstances public agencies are confronting, it is not 'feasible' under KRS 61.840 to precisely identify a primary physical location for a video teleconference at which the public may attend and view a public meeting conducted through video teleconference under the Open Meetings Act. Instead, because of the public health necessity of imposing social distancing to help stop the spread of COVID-19, a public agency should precisely identify a website, television station, or other technological means by which the public may view a meeting conducted under the Act until the conclusion of the state of emergency."

General Cameron expressly declines "to offer any guidance on what specific technology may be effectively utilized for this purpose."

This evening, the Tennessee Coalition for Open Government Issued an urgent plea:

"Calling on Tennessee tech companies, gurus, etc: You need to help your local governing bodies figure out how to livestream meetings, meet electronically and provide public participation."

We echo that plea. Many smaller local agencies will face a challenge in implementing this guidance. We, too, hope that these agencies will receive technical assistance in live-streaming meetings conducted by remote participation.

Cameron's advisory opinion can be found at https://ag.ky.gov/Priorities/Government-Transparency/opinions/Opinions%…

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