Opinion
Opinion By: Gregory D. Stumbo, Attorney General; James M. Ringo, Assistant Attorney General
Open Meetings Decision
This matter having been presented to the Office of the Attorney General in an open meetings appeal, and the Attorney General being sufficiently advised, we find that the City of Franklin violated the Open Meetings Act and subsequently conceded those violations as alleged by Robert E. Taylor, III in his June 26, 2007, complaint. Mr. Taylor alleged, and the City acknowledged, that violations occurred with regard to special meetings of the insurance committee insofar as it failed to follow notice requirements of KRS 61.823.
KRS 61.805(2)(g) defines the term public agency as:
Any board, commission, committee, subcommittee, ad hoc committee, advisory committee, council, or agency, except for a committee of a hospital medical staff or a committee formed for the purpose of evaluating the qualifications of public agency employees, established, created and controlled by a "public agency" as defined in paragraph (a), (b), (c), (d), (e), (f), or (h) of this subsection[.]
The City of Franklin is a public agency within the meaning of KRS 61.805(2)(c), and any committee established, created, and controlled by it is a public agency pursuant to KRS 61.805(2)(g). See, e.g., Lexington Herald-Leader Company v. University of Kentucky Presidential Search Committee, Ky., 732 S.W.2d 884, 886 (1987) (holding that the presidential search committee created by action of the Board of Trustees of the University of Kentucky, a public agency created by statute, is itself a public agency) ; OAG 91-54 (holding that a committee created by the Mercer County Fiscal Court to consider proposals relating to planning and zoning is a public agency) ; 93-OMD-49 (holding that a three member grievance committee appointed by the Mayor of the City of Scottsville is a public agency) ; 95-OMD-124 (holding that an emergency medical services committee appointed by the Boyle County Judge/Executive is a public agency) ; and 98-OMD-96 (holding that a sign committee created by the City of Madisonville zoning administrator is a public agency) ; 99-OMD-77 (holding that a finance and budget committee created by Franklin County Fiscal Court as an advisory body is a public agency as defined in KRS 61.805(2)(g)).
Based on the overwhelming weight of legal authority, we find that the insurance committee's actions constituted a violation of the Open Meetings Act. The City does not contest the insurance committee's status as a public agency and has acknowledged its past errors and continuing obligation to comply with the requirements of the Open Meetings Act, including KRS 61.823, relating to notice of special meetings.
Having so determined, we note that the Attorney General is not empowered to declare the committee's actions null and void. As we have so often noted, our review is confined to the issue of whether the agency violated the Open Meetings Act and not the remedial measures it implements. 98-OMD-74. See KRS 61.846(2) providing that the Attorney General shall issue "a written decision which states whether the agency violated the provisions of KRS 61.805 to 61.850"; see also, 93-OMD-49, 93-OMD-81, 94-OMD-83, 94-OMD-111, 98-OMD-74. Thus, "the Attorney General cannot void actions taken or impose penalties for violations of the Open Meetings Act, only the circuit court can do that." 97-OMD-90, p. 4.
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.