Request By:
In Re: Lisa Alford/John C. Forbeck
Opinion
Opinion By: Chris Gorman, Attorney General; Thomas R. Emerson, Assistant Attorney General
Open Meetings Decision
This matter comes to the Attorney General on the appeal of Ms. Lisa Alford as the result of a letter she received from Mr. John C. Forbeck, the Superintendent of the Kenton County Schools, concerning a meeting of the Kenton County Board of Education.
In a letter to Mr. Forbeck, dated October 29, 1992, Ms. Alford alleged that the school board's meeting on September 28, 1992 violated the Open Meetings Act. She maintained that this meeting constituted a special meeting as it was held at a time other than on the regularly scheduled meeting dates. The notice of the special meeting did not set forth in writing the date, place, and time of the meeting and the agenda was not set forth. In addition, the statutory requirements relative to posting were not satisfied.
Mr. Forbeck, in a letter to Ms. Alford dated November 2, 1992, denied that a violation of the Open Meetings Act had occurred. He maintained that the meeting in question was a "re-scheduled regular meeting, rather than a special meeting called for a special purpose." He said that at the regular August meeting a motion was adopted to reschedule the regular September meeting from September 21 to September 28. Public notification of the change in the schedule was made and there was a published agenda for the meeting of September 28, 1992. No mention was made of the posting requirements.
In her letter to the Attorney General, received November 10, 1992, Ms. Alford requested that this office review Mr. Forbeck's denial of her complaint. She again alleged that the school board's meeting on September 28, 1992 constituted a special meeting and she also stated that a matter was considered at the meeting which was not on the agenda.
KRS 61.820 deals with regular meetings. That statute provides in part that all meetings of all public agencies shall be held at specified times and places which are convenient to the public. In addition, all public agencies shall provide for a schedule of regular meetings by ordinance, order, resolution, bylaws, or by whatever other means may be required for the conduct of business and the schedule of regular meetings shall be made available to the public.
KRS 61.823 deals with special meetings, the notice, delivery, and posting requirements relative thereto, and the waiver of those requirements in emergency situations. KRS 61.823(3) provides that the written notice of the special meeting shall consist of the date, time, and place of the special meeting and the agenda. Also, discussions and action at such a meeting shall be limited to the items listed on the agenda in the notice.
KRS 61.823(4)(a) pertains to delivery of the written notice while KRS 61.823(4)(b) concerns the posting of the written notice. The posting requirements were enacted by the 1992 Regular Session of the General Assembly. The written notice shall be posted in a conspicuous place in the building where the special meeting will take place and in a conspicuous place in the building which houses the headquarters of the public agency.
Thus, under the Open Meetings Act there are only two kinds of meetings. Regular meetings are governed by the provisions of KRS 61.820 and special meetings are controlled by the provisions of KRS 61.823. If the public agency holds a meeting in addition to, outside of or in place of the regular schedule of meetings that meeting is a special meeting and the provisions of KRS 61.823 must be followed.
The public has the right to expect a public agency such as a school board to follow its regular meeting schedule or to call special meetings following the required notice, delivery, and posting provisions pursuant to KRS 61.823. When the public agency deviates from its regular meeting schedule and reschedules that regular meeting the rescheduled meeting becomes a special meeting. See 92-OMD-1473, copy enclosed, at page two.
In meeting the statutory obligation imposed upon the Attorney General under KRS 61.846(2) to determine if the public agency violated the Open Meetings Act, it is our decision that the meeting held on September 28, 1992 was a special meeting which required the school board to follow the requirements of KRS 61.823 including those pertaining to the written notice and the agenda, the delivery of the notice, and the posting of the notice. Failure to follow all of these provisions constitutes a violation of the Open Meetings Act.
Either or both of the parties to this action may challenge this decision by filing an appeal with the appropriate circuit court within 30 days from the date of this decision. See KRS 61.846(4)(a) and KRS 61.848.