22-OMD-211
October 10, 2022
In re: Lynette Warner/Graves County Board of Education
Summary: The Graves County Board of Education (“the Board”) did
not violate the Open Meetings Act (“the Act”) when it issued a timely
written response to a complaint. The Act does not require a public
agency to adhere to Robert’s Rules of Order or any other type of
parliamentary procedure during a meeting.
Open Meetings Decision
On September 19, 2022, in a written complaint to the Board, Lynette Warner
(“Appellant”) alleged that the Board violated the Act by failing to follow Robert’s
Rules of Order during its September 15, 2022, meeting. In a timely response, the
Board denied it had violated the Act. This appeal followed.
The Appellant claims the Board failed to issue a timely response to her
complaint. Upon receiving a complaint alleging a violation of the Act, a “public agency
shall determine within three (3) [business] days . . . after the 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 (3) day period, of its
decision.” KRS 61.846(1). Here, the Appellant submitted her request to the Board on
September 19, 2022. On the same day, the Board issued a response and denied having
committed a violation. Thus, the Board did not violate the Act when it issued a timely
response to the Appellant’s complaint.
As for the substance of her complaint, the Appellant alleges the Board failed
to comply with Robert’s Rules of Order at its meeting on September 15. Under
KRS 61.810 (1), “[a]ll meetings of a quorum of the members of any public agency at
which any public business is discussed or at which any action is taken by the agency,
shall be public meetings, open to the public at all times.” However, the Act does notrequire a public agency to follow any particular form of parliamentary procedure,
such as Robert’s Rules of Order, to conduct a meeting. See, e.g., 14-OMD-091 n.3; 09-
OMD-188; 05-OMD-117. Rather, the Act establishes procedures for providing notice
to the public, such as establishing a regular schedule of meetings, notice
requirements for special meetings, and specific procedural requirements for entering
closed session to discuss a matter exempt under KRS 61.810(1). Thus, the Board did
not violate the Act when it did not adhere to Robert’s Rules of Order to conduct the
meeting.
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 shall
be notified of any action in circuit court, but shall not be named as a party in that
action or in any subsequent proceedings. The Attorney General will accept notice of
the complaint e-mailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/ Marc Manley
Marc Manley
Assistant Attorney General
#367
Distributed to:
Lynette Warner
Mathew Madding
Jesse Wright