Discipline Hearings

Cited	Statutes	Annotation
Bell v. Board of Education	61.810	The hearing and the board’s decision based on the evidence are separate phases of the termination proceeding, and the school board’s power to reach its decision in closed session is preserved by this section despite the requirement of KRS 161.790 that the hearing be public. Bell v. Board of Education, 557 S.W.2d 433, 1977 Ky. App. LEXIS 836 (Ky. Ct. App. 1977); Carter v. Craig, 574 S.W.2d 352, 1978 Ky. App. LEXIS 626 (Ky. Ct. App. 1978). Link
Howard v. City of Independence	61.800, 61.848, 61.846, 61.805, 61.810	While the coverage of the Open Meetings Act, KRS 61.800, was broad enough to include a police captain’s termination hearing, the police captain did not follow the procedures in KRS 61.846 and 61.848, and so was not entitled to relief. Howard v. City of Independence, 199 S.W.3d 741, 2005 Ky. App. LEXIS 230 (Ky. Ct. App. 2005), abrogated in part, Pearce v. Univ. of Louisville, 2011 Ky. App. Unpub. LEXIS 998 (Ky. Ct. App. Nov. 18, 2011). Link
Jefferson Cty. Bd. of Ed. v. Courier-Journal	61.810	A discussion by a county board of education concerning the termination of the expenditure of funds on an educational television station operated by the county board of education and the attendant potential dismissal of all the employees of such station dealt only with a general personnel matter and therefore did not come under the exemption of subsection (6) (now (f)) of this section as an exemption to the requirement of the Open Meetings Law that all meetings be public meetings. Jefferson County Board of Education v. Courier-Journal, 551 S.W.2d 25, 1977 Ky. App. LEXIS 693 (Ky. Ct. App. 1977). Link
Miller v. Board of Ed. of Hardin Cty	61.810	The vote of the board of education to demote a school principal need not be held in public. Miller v. Board of Educ., 610 S.W.2d 935, 1980 Ky. App. LEXIS 414 (Ky. Ct. App. 1980). Link
Reed v. City of Richmond	61.810	Nothing in subdivision (6) (now (f)) of this section permits a public agency to condition an employee’s right to a public hearing upon written or timely notice. Reed v. Richmond, 582 S.W.2d 651, 1979 Ky. App. LEXIS 417 (Ky. Ct. App. 1979). Link
Reed v. City of Richmond	61.810	Where disciplinary action was brought against the chief of police and eight officers, pursuant to KRS 95.450, at a session closed to the public despite the accuseds’ request for an open hearing pursuant to subsection (6) (now (f)) of this section, and with neither a motion for a closed meeting nor announcement of it at an open meeting, in violation of KRS 61.815, the action taken must be voided and a new hearing held. Reed v. Richmond, 582 S.W.2d 651, 1979 Ky. App. LEXIS 417 (Ky. Ct. App. 1979). Link
Stinson v. State Bd. of Accountancy	61.810	The State Board of Accountancy is not a quasi-judicial body excluded from the definition of “public agency” found in KRS 61.805, since otherwise any administrative agency which occasionally held hearings on certain matters could exempt itself from the open meetings statutes and, moreover, there would be no need for the exception to the open meeting requirement found in subsection (6) (now (f)) of this section, because any agency which held any disciplinary hearings would be quasi-judicial; accordingly, the Board violated the open meeting laws by conducting its final deliberations on the question of whether to censure an accountant in a closed session. Stinson v. State Bd. of Accountancy, 625 S.W.2d 589, 1981 Ky. App. LEXIS 304 (Ky. Ct. App. 1981). Link

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