Request By:
Mr. Gibson G. Gosser
News Director
WSFG 1240 & WSEK FM/96.1
Box 740
Somerset, Kentucky 42501
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Carl Miller, Assistant Attorney General
You have requested an opinion of the Attorney General on two fact situations involving the Pulaski County Board of Education.
Your first question is in regard to the practice of the Board of going into executive session to discuss personnel matters. You state: "These sessions consist of interviewing applicants for job positions and placements. These sessions are never open to the public. This is apparently being done under the guise of KRS 61.810(6) . . ."
The portion of the statute relied upon by the Board reads as follows:
"KRS 61.810(6). Discussions or hearings which might lead to the appointment, discipline or dismissal of an individual employee, . . . provided that this exception is designed to protect the reputation of individual persons and shall not be interpreted to permit discussion of general personnel matters in secret."
As long as named individuals are under discussion as to appointment, discipline or dismissal, we see no reason why the Board should not go into executive session.
Your second question is in regard to closed sessions to discuss the acquisition of a tract of land south of Somerset. You state: "But the board has already agreed to file condemnation for the property, has announced its location and publicized its financial offer for the land." You further state that you assume the Board of Education feels that a closed session is authorized by KRS 61.810(2) which reads as follows:
"Deliberations on the future acquisition or the sale of real property by a public agency but only when publicity would be likely to affect the value of a specific piece of property to be acquired for public use or sold by a public agency. "
The facts you describe appear to fit the above quoted exception. Also, we would point out that subsection (3) of the statute provides another exception, to wit: "discussions of proposed or pending litigation against or on behalf of a public agency. "
A condemnation suit is litigation and therefore a proper subject for a closed session.
In summary, we detect no violation of the Open Meetings Law in the actions you describe in your letter.