24-OMD-114
May 3, 2024
In re: Chad Frizzell/City of Clinton
Summary: The City of Clifton (“the City”) violated the Open Meetings
Act (“the Act”) when it failed to issue a written response to a complaint
within three business days.
Open Meetings Decision
On April 9, 2024, Chad Frizzell (“the Appellant”) submitted a complaint to the
Mayor of the City, claiming the City violated KRS 61.823(4)(c) when it adjourned its
April 8, 2024, special meeting and, shortly thereafter, presented information
regarding a proposed insurance tax. Having received no response from the Board, the
Appellant initiated this appeal on April 25, 2024.
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). On appeal, the City does not deny that it failed to respond
to the Appellant’s complaint concerning the April 8, 2024, meeting. Thus, the City
violated the Act.1
A party aggrieved by this decision may appeal it by initiating an 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 emailed to OAGAppeals@ky.gov.
1
Regarding the merits of the Appellant’s complaint, the City admits that it violated the Act by
presenting information concerning the proposed insurance tax after adjourning the special meeting.
The City has agreed to grant the Appellant’s requested remedy and will present the same information
that was presented on April 8, 2024, at its next regular meeting on May 6, 2024.Russell Coleman
Attorney General
/s/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#218
Distributed to:
M. Chad Frizzell
Kaitlin Wilson
Alison Whitledge
John Kelly