13-OMD-072 | KOGC

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 although we cannot determine the intent of the members of the Lancaster City Council in attending a series of less than quorum meetings where public business was discussed in March 2013, their conduct otherwise fell within the zone of conduct prohibited by KRS 61.810(2). The issue presented in this appeal is identical to the issue presented in 13-OMD-067 and the legal analysis in that open meetings decision is dispositive of the issue. A copy of 13-OMD-067 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.

Distributed to:

David WilsonBrenda PowersBeth WesleyDamon R. TalleyJeff Adams

LLM Summary

The Attorney General's decision addresses an open meetings appeal concerning the Lancaster City Council members' attendance at a series of less than quorum meetings where public business was discussed. The decision follows the legal analysis from a previous decision (13-OMD-067) which is found to be dispositive of the issue, thereby determining that the council members' conduct fell within the prohibited conduct under KRS 61.810(2). The decision allows for an aggrieved party to appeal by initiating action in the appropriate circuit court.

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