Annotations for Statute

Lexington Herald-Leader Co. v. University of Kentucky Presidential Search Committee, 732 S.W.2d 884, 1987 Ky. LEXIS 227 (Ky. 1987).

By conducting its final deliberations in a closed session without substantial compliance with this section, the State Board of Accountancy rendered its action in censuring an accountant voidable under KRS 61.830 (now repealed); however, since the accountant raised no objection and demonstrated no prejudice as a result of the Board’s action, the action was not void. Stinson v. State Bd. of Accountancy, 625 S.W.2d 589, 1981 Ky. App. LEXIS 304 (Ky. Ct. App. 1981).

In order to fully comply with KRS 61.810(2) and subsection (1) of this section notice of the county board of education of the business intended to be discussed in a closed session should contain information that the board of education intends to conduct an executive session for the purpose of discussing the sale or acquisition of real property and that the reason for privacy is due to the fact that publicity at the deliberation stage might be likely to affect the value instead of merely saying that the business to be discussed was “property and negotiations.” Jefferson County Board of Education v. Courier-Journal, 551 S.W.2d 25, 1977 Ky. App. LEXIS 693 (Ky. Ct. App. 1977).

Injunction was proper under KRS 61.848 — even without a showing that petitioners had no adequate remedy at law — when a school board violated the Open Meeting Law by discussing a personnel reorganization plan in closed “executive” meetings; the preparation-for-litigation exception would not apply to mere discussion of whether dismissed administrators might sue the board. Also, the board failed to adhere to this section, which requires that, before going into a closed session, a public body must state the exact exception it relies on to go into a closed meeting. Floyd County Bd. of Educ. v. Ratliff, 955 S.W.2d 921, 1997 Ky. LEXIS 145 (Ky. 1997).

Litigation exception to open public meetings was not applicable to the school board’s decision directing legal counsel to pursue a challenge to the petition to recall the board’s nickel tax because it was a “final action” of the board to authorize litigation. Webster County Bd. of Educ. v. Newell, 392 S.W.3d 431, 2013 Ky. App. LEXIS 31 (Ky. Ct. App. 2013).

Notice given in open meeting preparatory to closed session that the closed meeting would be held to discuss “property and negotiations” was not sufficient compliance with the requirement of notice of subsection (1) of this section for the term “property” fails to reveal whether it is real or personal, for purchase or for sale or whether publicity would affect its value. Jefferson County Board of Education v. Courier-Journal, 551 S.W.2d 25, 1977 Ky. App. LEXIS 693 (Ky. Ct. App. 1977).

Pursuant to KRS 61.848, a consulting contract that had been improperly approved following a closed session in a meeting of a county board of education, the attempted ratification of which was an action taken without substantial compliance with KRS 61.815, was voidable by the circuit court. As such, the contractor could retain amounts already paid for services under the contract but was not entitled to any additional payments. Carter v. Smith, 366 S.W.3d 414, 2012 Ky. LEXIS 66 (Ky. 2012).

This section instructs that notice of a closed session must come prior to every such session in the regular open meeting and must supply the general nature of the business to be considered and the reason for the secrecy. Jefferson County Board of Education v. Courier-Journal, 551 S.W.2d 25, 1977 Ky. App. LEXIS 693 (Ky. Ct. App. 1977).

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).

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 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 (1)(f)) of KRS 61.810, and with neither a motion for a closed meeting nor announcement of it at an open meeting, in violation of this section, 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).