Request By:
Ms. Mary McNeese
Ms. Rhea Henson
League of Women Voters of Lexington, Inc.
P.O. Box 22045
Lexington, Kentucky 40522
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Cicely D. Jaracz, Assistant Attorney General
On behalf of the League of Women Voters of Lexington, you have requested the Attorney General to issue an opinion concerning the Kentucky Open Meetings law, KRS 61.805 et seq.
You indicate that the Fayette County Board of Education voted unanimously, after a proper motion was made in open session at the July 25, 1983 meeting, to go into closed session to discuss the "appointment of a new Superintendent of Schools to serve at the expiration of Dr. Potts' term, because the release of names of candidates for the position and other related information may interfere with the selection of the best candidate for the position." At the resumption of the open session the Board unanimously voted, without discussion, to have any inquiries regarding the selection of the new Superintendent directed to Chairman Barth Pemberton. Chairman Pemberton requested that any suggestions for qualifications of the new Superintendent be submitted in writing to Dr. Ben Oldham, and that this request be publicized by the news media and in the school system's news bulletin.
The Fayette County Board of Education is a public agency subject to the Open Meetings law pursuant to KRS 61.805(2). KRS 61.810(6) provides for closed sessions when a quorum holds:
Discussions or hearings which might lead to the appointment, discipline or dismissal of an individual employe, . . . 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.
Since the purpose of this exception is to protect individual reputations, discussion in closed session is specifically limited to discussions wherein specific individuals are named regarding appointment, discipline, or dismissal. The Board indicated in its motion that the closed session was to discuss "appointment of a new Superintendent" because "the release of names of candidates for the position . . . may interfere with the selection of the best candidate . . ." If the Board was discussing names of candidates, the closed session was proper under KRS 61.810(6). The Board is only required to announce the general nature of the business to be discussed in the closed session. OAG 80-248. No particular candidate need be named in the announcement of a closed session, as that would subvert the intent of KRS 61.810(6).
However, the Board acted improperly by discussing in closed session matters contra to KRS 61.810(6). You indicate that after the closed session the Board took action in open session without discussion to direct any inquiries regarding the selection of the Superintendent to the Board Chairman, to submit suggestions for qualifications to Dr. Oldham, and to publicize the procedure for submitting suggestions. Although the Open Meetings law requires that final action be taken in an open session concerning matters discussed in a closed session pursuant to KRS 61.810(6) (as it pertains to employees), these subjects were not proper discussion for a closed session. As stated above, KRS 61.810(6) allows a closed session only for discussions leading to the appointment of an individual employee so as to protect that individual's reputation. The discussion about selection inquiries and qualification suggestions clearly is not exempted from open session by KRS 61.810(6) since no individual is involved to whom reputational damage might occur.
You further request an opinion on the legality of a closed session called by the Board at the September 19, 1983 meeting "to discuss qualifications" of a new Superintendent. The Lexington Herald-Leader has filed suit against the Fayette County Board of Education concerning this meeting. This Office is precluded by statute and regulation from issuing an opinion involving matters being litigated, and therefore is unable to answer your request.