Request By:
Miss Dorothy H. Johns
Bellevue Board of Education
204 Bonnie Leslie Avenue
Bellevue, Kentucky 41073
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Carl Miller, Assistant Attorney General
You have requested an opinion of the Attorney General on a school board matter which you described as follows:
"On January 18, 1978 the Bellevue Board of Education voted a secret ballot in the election of the vice president, who will be elevated automatically to president next year. This procedure in voting is in violation of our own board policy, which calls for a roll call vote in the election of board officers. . . . I would appreciate your opinion on the abovestated matter on voting procedure and, also, any suggestions which you might give me in order to correct this situation."
Under Kentucky's Open Meetings Law, KRS 61.805-61.850, the public's business is to be conducted in public meetings except for a few stated exceptions. One of the exceptions is KRS 61.810(6), "Discussions or hearings which might lead to the appointment, discipline or dismissal of an individual employee, member or student."
It is therefore permissible for a public agency to hold a closed meeting on the subject of personnel matters. However, this does not include the election of officers.
Under the Open Meetings Law, a secret ballot is not acceptable. KRS 61.835 reads as follows:
"The minutes of action taken of every meeting of any such public agency, setting forth an accurate record of votes and actions of such meetings shall be promptly recorded and such records shall be open to public inspection at reasonable times no later than immediately following the next meeting of the body.
When a public agency violates the Open Meetings Law the action taken in violation of the law is "voidable." KRS 61.830. This means that any citizen can go into the circuit court and petition the court to declare the action void. Until the action is declared void by the court it will be presumed to be valid and in full force and effect.
In addition to the enforcement of the Open Meetings Law by the circuit court, penal action can be taken against the member of any public agency who participates in an action in violation of the Open Meetings Law, and he may be fined up to $100 in the district court. KRS 61.991. The proper action for a member of an agency when he knows that a meeting is being conducted in violation of the law is to refuse to take part in the meeting.