Opinion
Opinion By: Jack Conway,Attorney General;Amye L. Bensenhaver,Assistant Attorney General
Open Meetings Decision
Josef Knoepfler appeals the Cumberland County Fiscal Court Agriculture Committee's failure to respond to his August 26 open meetings complaint in which he alleged violations of KRS 61.823(4)(c) based on the committee's failure to post written notice of special meetings conducted on August 19, and August 26, 2014, at least twenty-four hours before those meetings occurred. KRS 61.823(4)(c) states:
As soon as possible, written notice shall also be posted in a conspicuous place in the building where the special meeting will take place and in a conspicuous place in the building which houses the headquarters of the agency. The notice shall be calculated so that it shall be posted at least twenty-four (24) hours before the special meeting. 1
The Agriculture Committee violated KRS 61.823(4)(c) by failing to observe this legal requirement prior to its August 19 and August 26 special meetings. In addition, the Committee violated KRS 61.846(1) by failing to respond in writing, and within three business days, to Mr. Knoepfler's open meetings complaint.
In a September 12 letter directed to Mr. Knoepfler, a copy of which was transmitted to the Office of the Attorney General, Cumberland County Judge/Executive responded to the allegations in his complaint. Judge Phelps did not dispute Mr. Knoepfler's allegation that the fiscal court established the Agriculture Committee at its August 12 regular meeting, noting that the public was advised of the committee's August 19 and August 26 meeting times and dates in the course of the August 12 meeting. 2 He explained that "[t]he local newspaper and local radio were notified of [the special called meetings] as office staff has always done and been trained to do," but admitted that "[n]o other advertisement . . . was offered." The committee thus acknowledged its failure to post the special meeting notices. This omission constituted a violation of KRS 61.823(4)(c). Given the committee's admission of error, further analysis is not warranted.
The Agriculture Committee also violated the Open Meetings Act by failing to respond to Mr. Knoepfler's August 26 open meetings complaints. KRS 61.846(1) states that, upon receipt of an open meetings appeal, "[t]he public agency shall determine within three days, excepting Saturdays, Sundays, and legal holidays, after receipt of the complaint whether to remedy the alleged violation pursuant to the complaint and shall notify in writing the person making the complaint, within the three day period, of its decision." The committee, a distinct legal entity for open meetings purposes, 3 responded through the County Judge/Executive on September 12, 2014, after receiving this office's notification of receipt of Mr. Knoepfler's appeal. The response was untimely and therefore constituted a violation of KRS 61.846(1).
Either party may appeal this decision 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.
Footnotes
Footnotes
1 Written notice of special meetings must include the date, time, and place of the special meeting and the meeting agenda. KRS 61.823(3). In addition to the posting requirement found at KRS 61.823(4)(c), KRS 61.823(4)(a) requires that the same written notice be transmitted to every member of the agency and each media organization that has requested notification "as soon as possible . . . [but] at least twenty-four hours before the special meeting."
2 It is, of course, permissible to take additional steps to notify the public of upcoming special meetings, such as announcing the meeting dates at a regular meeting of a public agency, but these steps must be taken in addition to, and not in lieu of, the statutory notice requirements. 04-OMD-184 (city council violated Open Meetings Act by failing to deliver and post special meeting notice).
3 KRS 61.805(2)(g) defines "public agency" as "[a]ny board, commission, committee, subcommittee, ad hoc committee, advisory committee, council, or agency . . . established, created, and controlled by a public agency . . . ." As a distinct legal entity, the committee must discharge all duties imposed by KRS 61.800 through KRS 61.850.