Timely guidance for Kentucky's boards and commissions from the Beshear administration on the conduct of public meetings as Kentucky responds to the coronavirus crisis.

https://governor.ky.gov/attachments/20200312_Memo_Board-Teleconferencin…

On March 12, the Finance and Administration Cabinet issued public meeting protocols for boards and commissions:

"In recognition of the fact that there are currently confirmed cases of COVID-19 in Kentucky, and with more expected, all Kentucky Boards and Commissions are encouraged to take proper health precautions to mitigate the spread of COVID-19, including the use of video teleconference software for meetings.

"Members of the public should be encouraged to view video-teleconferenced meetings remotely. If members of the general public gather to view the meeting, they are to be advised to take all reasonably necessary steps necessary to protect their health, including but not limited to, avoiding person-to-person contact, engaging in 'social distancing,' and not attending the meeting if they are exhibiting symptoms."

The guidance is based on the 2018 amendment to KRS 61.826 discussed in our earlier post and has received the Kentucky Press Association's approval.

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47297

It consists of five subparts:

"Statement of Policy:

Effective immediately, and through the duration of the state of emergency, Boards and Commissions should no longer meet in person except as provided herein.

"Protocol: Prior to Meeting

At least twenty-four (24) hours prior to a currently scheduled in-person meeting, Boards and Commissions, and their staff, should follow the following protocol:

1. Boards and Commissions, through staff or administrators, should cancel upcoming in-person meetings. Notice of cancellation should be posted in accord with law. Board and Commissions members will not be reimbursed for travel during the state of emergency, absent explicit approval by the Finance and Administration Cabinet.

2. A special meeting should be called by the Board or Commission Chairperson in accord with the provisions of KRS 61.823. The meeting should be set for the same time and location as the previously cancelled meeting, but the notice of the special meeting should include notation that the meeting shall be conducted by video teleconference. Such notice should be sent as soon as practicable, but in no case shall it be less than twenty-four (24) hours prior to the start of the meeting.

3. The Board or Commission shall provide members of the general public with a video link to access the meeting. Provision of such link shall not otherwise interfere with the conduct of the meeting.

4. Boards and Commissions shall designate a location where members of the public may gather to view the teleconference in accord with the requirements of the Open Meetings Act. [Boards and commissions are encouraged to ensure adequate "social distancing" — meaning at least six feet between chairs. Boards and Commissions are also encouraged to ensure that the location has been thoroughly cleaned, and provide hand sanitizer in the location].

5. Board and Commission staff and/or administrators should ensure that Board and Commission members are provided clear instructions for the use of videoconferencing software in advance.

"Protocol: Conduct of Meeting

All meetings shall be conducted in accord with the Kentucky Open Meetings Act, including, but not limited to, KRS 61.826. Should there be an interruption in the video or audio broadcast of the meeting, the meeting shall immediately be suspended until full functionality is restored. The meeting should otherwise proceed as usual."

The fifth subpart of the protocol authorizes exceptions, "for good cause shown, by the Office of the Secretary of the Cabinet to which the Board or Commission is attached (or the equivalent head of agency if the Board or Commission is not attached to a Program Cabinet). The Office of the Secretary shall review with the Office of Legal Services to determine whether a meeting should proceed as an in-person meeting. Requests for a Board or Commission to meet in-person should be communicated to the Office of the Secretary as soon as practicable.

"In the event that it is determined by the Office of the Secretary that a meeting may proceed on an in-person basis, members of the Boards and Commissions should take all steps reasonably necessary to protect their health, including, but not limited to: avoiding person-to-person contact, engaging in "social distancing," and not attending the meeting if they are exhibiting symptoms of COVID-19."

Once again, the Beshear administration has exercised leadership in addressing a major concern and providing clarity to boards and commissions within state government.

The open meetings law applies uniformly to all state and local agencies. The March 12 public meeting protocol for boards and commissions, which is consistent with the law, should therefore provide valuable guidance to local agencies as well as public school districts and public universities as they navigate these uncharted waters.