Request By:
Chris Carpenter
P. O. Box 5
204 S. First Street
LaGrange, KY 40031-0005Jim Kincer
Mayor
Pewee Valley City Hall
312 Mt. Mercy Drive
Pewee Valley, KY 40056John Frith Stewart
City Attorney
City of Pewee Valley
6506 W. Hwy. 22
P.O. Box 307
Crestwood, KY 40014Stephen Emery
6506 W. Hwy. 22
P.O. Box 307
Crestwood, KY 40014
Opinion
Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Meetings Decision
This matter having been presented to the Attorney General in an open meetings appeal, and the Attorney General being sufficiently advised, we find that the Pewee Valley City Council violated the Open Meetings Act at its April 8, 2002 meeting by characterizing that meeting as an emergency meeting and consequently failing to strictly observe the notice requirements codified at KRS 61.823, including the requirements of an adequate agenda and limiting discussion at the meeting to agenda items. We believe that 02-OMD-91, holding that the Council's April 8 meeting was not an emergency meeting because no emergency existed on that date, is controlling. A copy of 02-OMD-91 is attached hereto and incorporated by reference. We believe that 01-OMD-175 is controlling on the issue of the inadequacy of the meeting agenda, and the failure to restrict discussions at the meeting to agenda items. A copy of 01-OMD-175 is attached hereto and incorporated by reference. That decision holds that open-ended agenda items like old business or new business, and in this case "take any action deemed necessary," are "inconsistent with the natural and harmonious reading of KRS 61.823(3)."
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.846(4)(a). The Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceedings.