Annotations for Statute

The hearing and the board’s decision based on the evidence are separate phases of the termination proceeding, and the school board’s power to reach its decision in closed session is preserved by this section despite the requirement of KRS 161.790 that the hearing be public. Bell v. Board of Education, 557 S.W.2d 433, 1977 Ky. App. LEXIS 836 (Ky. Ct. App. 1977); Carter v. Craig, 574 S.W.2d 352, 1978 Ky. App. LEXIS 626 (Ky. Ct. App. 1978).

The mere fact that a quorum of members of a public agency are in the same place at the same time, without more, is not sufficient to sustain a claim of a violation of the Open Meetings Act. Yeoman v. Commonwealth Health Policy Bd., 983 S.W.2d 459, 1998 Ky. LEXIS 140 (Ky. 1998).

The vote of the board of education to demote a school principal need not be held in public. Miller v. Board of Educ., 610 S.W.2d 935, 1980 Ky. App. LEXIS 414 (Ky. Ct. App. 1980).

There is no requirement in the Open Meetings Law that the county board of education and its governing body give notice of an executive session in order to confer with their attorneys concerning proposed or pending litigation, for this matter is expressly excluded by the terms of this section and moreover involves the attorney-client relationship. Jefferson County Board of Education v. Courier-Journal, 551 S.W.2d 25, 1977 Ky. App. LEXIS 693 (Ky. Ct. App. 1977).

Trial court erred by dismissing a complaint for lack of standing because the Open Meetings Act permitted an association to recover attorney fees and costs, and the availability of the remedy met the redressability requirement for constitutional standing; because actions taken in violation of the Act were not void ab initio, third parties not involved in the allegedly unlawful conduct could be entitled to rely on the validity of the agreement executed by the county fiscal court and public board. Lincoln Trail Grain Growers Ass'n v. Meade Cty. Fiscal Court, 632 S.W.3d 766, 2021 Ky. App. LEXIS 89 (Ky. Ct. App. 2021).

Trial court properly exercised it authority to void the action of the school board directing legal counsel to pursue litigation because the board did not substantially comply with the Open Meetings Act. Webster County Bd. of Educ. v. Newell, 392 S.W.3d 431, 2013 Ky. App. LEXIS 31 (Ky. Ct. App. 2013).

Whenever a public agency is formulating its demands or position preparatory to collective bargaining negotiations, either by way of deliberation or instructions to its advocates, such type of sessions are within the purview of subsection (5) (now (e)) of this section and thus such meetings of a public agency may be in closed session. Jefferson County Board of Education v. Courier-Journal, 551 S.W.2d 25, 1977 Ky. App. LEXIS 693 (Ky. Ct. App. 1977).

Where a planning commission explained it was going into closed session, the minutes reflected the discussion concerning litigation, motions to authorize the litigation were made in open meetings, and there was no record of anyone requesting to address the commission or voice concern about the commission’s actions, there was no evidence that the owners were prejudiced by a planning commission’s failure to state a specific provision of KRS 61.810(1)(c), 61.815(1) when it went into closed session. Chandler v. Bullitt County Joint Planning Comm'n, 125 S.W.3d 851, 2002 Ky. App. LEXIS 2358 (Ky. Ct. App. 2002).

Where a university board of trustees, during its July 18, 1977, meeting, closed said meeting to consider the election of one (1) of two (2) individual members to the position of chairman of the board of trustees, the meeting was a properly closed session. Courier-Journal & Louisville Times Co. v. University of Louisville Bd. of Trustees, 596 S.W.2d 374, 1979 Ky. App. LEXIS 524 (Ky. Ct. App. 1979).

Where disciplinary action was brought against the chief of police and eight officers, pursuant to KRS 95.450, at a session closed to the public despite the accuseds’ request for an open hearing pursuant to subsection (6) (now (f)) of this section, and with neither a motion for a closed meeting nor announcement of it at an open meeting, in violation of KRS 61.815, the action taken must be voided and a new hearing held. Reed v. Richmond, 582 S.W.2d 651, 1979 Ky. App. LEXIS 417 (Ky. Ct. App. 1979).

While the coverage of the Open Meetings Act, KRS 61.800, was broad enough to include a police captain’s termination hearing, the police captain did not follow the procedures in KRS 61.846 and 61.848, and so was not entitled to relief. Howard v. City of Independence, 199 S.W.3d 741, 2005 Ky. App. LEXIS 230 (Ky. Ct. App. 2005), abrogated in part, Pearce v. Univ. of Louisville, 2011 Ky. App. Unpub. LEXIS 998 (Ky. Ct. App. Nov. 18, 2011).