Opinion
Opinion By: Jack Conway, 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 allegations contained in Leonard Wilson's October 18, 2010, complaint to the Jeffersonville City Commission do not state a violation of "the provisions of KRS 61.805 to 61.850," and are therefore not appropriate for review under the Open Meetings Act. Mr. Wilson alleged that the Commission violated the Act "after last month's meeting" when it hired a chauffeur to drive two city employees who failed a drug test. In a timely written response, the City refuted these allegations and, in subsequent correspondence, properly noted that the issue Mr. Wilson attempts to raise "is not an issue regarding open meeting as envisioned by KRS 61.805 to 61.850." We agree.
At page 5 of 02-OMD-200, this office determined that violations of the Open Meetings Act "are predicated upon, for example, an agency's failure to give adequate notice of its special meetings, as required by KRS 61.823(2), (3), and (4)(a) and (b), its decision to conduct a closed session that is not authorized by KRS 61.810(1)(a) through (m), its failure to observe the requirements for conducting a closed session codified at KRS 61.815, or its failure to record minutes in contravention of KRS 61.835." "Such violations," we concluded, "are predicated upon how [the agency] conducts its meetings . . . ." Id. 1 We find that 02-OMD-200, a copy of which is attached hereto and incorporated by reference, is dispositive of this appeal. Mr. Wilson's allegations relate to action purportedly taken after the Commission's meeting, and do not state a violation of the Open Meetings Act.
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.
Leonard WilsonAnthony Henderson, MayorLeah Hawkins
Footnotes
Footnotes
1 Clearly, public agencies may improperly act outside the confines of a public meeting by, for example, meeting privately to take secret action, but no allegation is made in this regard.
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