On March 18, Governor Beshear issued Executive Order 2020-243, relating to social distancing.
Among other things, the Order suspends any state statute or regulation that conflicts with its terms, including the provisions of the open meetings law "mandating in-person interactions or meetings," "requiring the physical presence of participants in meetings," or "requiring a primary physical location for public attendance at meetings conducted by video teleconference."
The order directs public agencies to make their meetings available "through the internet and/or television." It provides no additional details on how agencies are to discharge this duty.
The pertinent language is found in numbered paragraph 3.
The Executive Order supplements the advisory opinion, OAG 20-05, issued by Attorney General Cameron on the same day. By suspending these legal requirements during the period of the emergency declaration, the Governor addresses agency doubt about the proper course of action in conducting public meetings.
If challenged under the open meetings law, the agency can invoke the Executive Order as the basis of a good faith reliance defense to a claim of violation.
These measures are taken in response to the coronavirus, and under authority of KRS 39A.180, but will inevitably create challenges to public agencies that do not currently maintain the necessary technology.
