Opinion
Opinion By: Gregory D. Stumbo, 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 Garrard County Fiscal Court mooted the issue on appeal by acknowledging its error in conducting inaudible discussions at its March 26, 2004 meeting in contravention of KRS 61.840. In support, we refer the parties to 01-OMD-110, construing KRS 61.840 to prohibit whispered discussions of public business among members of a public agency when a quorum of the agency's members are present in an open, public meeting, and 98-OMD-74 and 98-OMD-119, holding that when a public agency concedes the open meetings error alleged, the issue upon which the appeal is based becomes academic or moot. Copies of these decisions are attached hereto and incorporated by reference. The Garrard County Fiscal Court having acknowledged its error, we find that the issue which Mr. Wilson raised in his May 3, 2004 open meetings appeal is moot and no further analysis of the issue is warranted.
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.
David Wilson402 Danville StreetLancaster, KY 40444
E. J. HastyGarrard County Judge/ExecutiveCourthouseLancaster, KY 40444
Jeff MossGarrard County Attorney102 Stanford Street, Suite OneLancaster, KY 40444