More trouble in the Capital City. The State Journal reports:
"By most accounts, the Kentucky Capital Development Corporation meeting held on Tuesday was routine. Bills were approved to be paid; President/CEO Terri Bradshaw updated the board on its ongoing effort to clarify its role relative to other similar local agencies; and they discussed signage at the local industrial park.
"The board also voted the only three members to fill its three executive committee positions.
"But those three members didn't constitute a sufficient quorum (a majority) and therefore went against both local ordinance and state open meetings law, according to both city and county attorneys."
Three of KCDC's six board members recently resigned.
The Kentucky Attorney General has long recognized that "in determining a legal quorum where vacancies have occurred, the total number entitled to membership must be counted and not merely the remaining members."Reference McQuillin, Mun. Corps., Vol. 4 § 13.27 b., cited in OAG 77-745.
The KCDC meeting had no legal effect.
The report continues:
"The State Journal plans to file a complaint to the state OAG regarding the meeting."
The newspaper must first file a written complaint with KCDC's presiding officer in which is identifies the open meetings violation & proposes a remedy.
I can recall no prior open meetings appeal that presented this factual twist on the open meetings law. This is probably because public agencies confronted with a similar legal challenge acknowledge their error rather than risk the voiding of actions taken at a meeting that had no legal effect.
KCDC would be well advised to acknowledge its error and implement proposed remedies.
In addition to proposing that—once a quorum is established—KCDC "to the extent possible, begin anew . . . [by] tak[ing] up the matter[s] and start[ing] over," The State Journal should propose that the KCDC board and staff receive open records and open meetings training.
https://caselaw.findlaw.com/ky-supreme-court/1607534.html
The Kentucky Open Government Coalition is available to provide the training at no cost to a willing and receptive board and staff.
