Opinion
Opinion By: Jack Conway, Attorney General; James M. Herrick, Assistant Attorney General
Open Meetings Decision
The question presented in this appeal is whether the University of Louisville Department of Urban and Public Affairs Admissions and Review Committee violated the Open Meetings Act in conducting nonpublic meetings that did not conform to the requirements of the Act. Because the KRS 61.846(1) complaint out of which this appeal arises failed to "state the circumstances which constituted an alleged violation," that complaint was deficient and the issue presented on appeal is not ripe for review.
In 13-OMD-081, the Attorney General refused to consider arguments relating to the same Committee, in part because Dr. Christopher Grande, the appellant herein, had "failed to identify a specific meeting date on which a specific violation occurred." Since the July 16, 2013, complaint upon which Dr. Grande's renewed appeal is based likewise failed to identify a meeting date on which a specific violation occurred, the need for consistency with recent precedent compels us to reach the same result. We therefore adopt 13-OMD-81 (copy attached) as the basis for our decision herein.
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:
J. Fox DeMoisey, Esq.Christopher M. GrandeAngela D. Koshewa, Esq.Deborah H. Patterson, Esq.James R. Ramsey