Annotations for Decision

Because a closed session in a meeting of a county board of education was not justified by any of the statutory exceptions in KRS 61.810, substantial compliance could not be found under KRS 61.848. There cannot be substantial compliance when an agency entirely fails to comply with the law by entering a closed session to which none of the exceptions apply. Carter v. Smith, 366 S.W.3d 414, 2012 Ky. LEXIS 66 (Ky. 2012). Full Details

County Board of Education violated Kentucky’s Open Meetings Act,  KRS 61.800- 61.850, by discussing in a closed session the resignation of the superintendent of schools and his appointment as a consultant to the school district. Neither the litigation exception in  KRS 61.810(l)(c) nor the personnel exception in  KRS 61.810(l)(f) applied; there was only a remote possibility of litigation, and the enumerated personnel topics did not include either an employee’s resignation or a contractor’s hiring.  Carter v. Smith, 366 S.W.3d 414, 2012 Ky. LEXIS 66 (Ky. 2012). Full Details

Pursuant to KRS 61.848, a consulting contract that had been improperly approved following a closed session in a meeting of a county board of education, the attempted ratification of which was an action taken without substantial compliance with KRS 61.815, was voidable by the circuit court. As such, the contractor could retain amounts already paid for services under the contract but was not entitled to any additional payments. Carter v. Smith, 366 S.W.3d 414, 2012 Ky. LEXIS 66 (Ky. 2012). Full Details