04-OMD-147 | KOGC

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 Windy Hills City Council properly relied on KRS 61.810(1)(c) in conducting a closed session discussion of strategy and tactics relating to threatened litigation involving the construction of sidewalks within the city, but that some of the matters discussed in that session were tangential to the topic of the threatened litigation and therefore unauthorized under the cited exception. On this issue, 04-OMD-146 is controlling. A copy of that decision is attached hereto and incorporated by reference.

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.

W. W. Chilton, III615 Rudy LaneLouisville, KY 40207

Mayor Louis A. PhillipsCity of Windy Hills5614 Coach Gate WyndeWindy Hills, KY 40207

Foster L. HaunzHaunz & LuckeOne Riverfront Plaza, Suite 2016Louisville, KY 40202-4234

LLM Summary

The Attorney General's decision finds that the Windy Hills City Council appropriately used the statutory exception for closed sessions to discuss strategy related to threatened litigation about sidewalk construction. However, it was also found that some topics discussed in the session were not relevant to the litigation and thus not covered by the exception. The decision relies on a previous opinion, 04-OMD-146, to support its findings.

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