The Kentucky Open Government Coalition today sent the following Statement of Opposition to HB 453. 

The bill creates the potential for public agency abuse and may shift the longstanding preference for in person meetings to virtual meetings, impeding the publics ability for face to face interaction with elected and appointed public officials. 

HB 453 — which passed out of the House of Representatives on February 14 by a vote of 77-13 — will be heard at the conclusion of a lengthy Senate State and Local Government Committee meeting agenda. The meeting is scheduled to begin at noon. 

The text of our letter follows:

“Dear Chairman Mills and members of the Senate State and Local Government Committee:



Earlier this year, the Kentucky Open Government Coalition submitted this statement of opposition to HB 453 to Senate President Robert Stivers and all members of the Senate.

We again submit this statement of opposition to the members of the Senate State and Local Government Committee in advance of tomorrow’s committee meeting to discuss HB 453. We ask that a copy of our statement be placed in each committee members’ folder.

Our objections are based on our concern that:

• video teleconferenced meetings, as we have come to understand them under the temporary modifications to the Open Meetings Act necessitated by public health concerns, were not intended to become a permanent legal substitute for in person meetings or create a legal mechanism by which public officials might insulate themselves from the constituents they serve;

• codification of KRS 61.826 as a permanent video teleconferencing law, as we have come to understand that term in the past two years, will discourage in person meetings for which the Kentucky Open Meetings Act has always demonstrated a strong preference;

• KRS 61.826 lacks sufficient safeguards to protect the public’s ability to observe public meetings and lends itself to abuse; and 

• the General Assembly has given no consideration to the “hybrid” open meetings model that has been adopted or is under review in other states and that requires both in person and live streamed meetings aimed at promoting the broadest possible public participation.

We ask that you take a moment to review the attached Statement of Opposition to HB 453 and that you consider these concerns in deciding how you will cast your vote. We welcome the opportunity to discuss our concerns with you.

Respectfully,

Amye Bensenhaver

Retired Assistant Attorney General and Co-director

Jennifer P. Brown

Editor of the Hoptown Chronicle and Co-director”