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Discipline Hearings

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). Full Details

Collective Bargaining Negotiations

A report by an associate superintendent on the status of a proposed contract between the county board of education and two (2) teachers’ associations and a recommendation to the board that negotiations should take place did not come under the exception of subsection (5) (now (e)) of this section so as to permit such discussion to take place in a closed meeting. Jefferson County Board of Education v. Courier-Journal, 551 S.W.2d 25, 1977 Ky. App. LEXIS 693 (Ky. Ct. App. 1977). Full Details

Notice

In order to fully comply with KRS 61.810(2) and subsection (1) of this section notice of the county board of education of the business intended to be discussed in a closed session should contain information that the board of education intends to conduct an executive session for the purpose of discussing the sale or acquisition of real property and that the reason for privacy is due to the fact that publicity at the deliberation stage might be likely to affect the value instead of merely saying that the business to be discussed was “property and negotiations.” Jefferson County Board of Education v. Courier-Journal, 551 S.W.2d 25, 1977 Ky. App. LEXIS 693 (Ky. Ct. App. 1977). Full Details

Acquisition or Sale of Property

In order to fully comply with subsection (2) of this section and KRS 61.815(1) notice of the county board of education of the business intended to be discussed in a closed session should contain information that the board of education intends to conduct an executive session for the purpose of discussing the sale or acquisition of real property and that the reason for privacy is due to the fact that publicity at the deliberation stage might be likely to affect the value instead of merely saying that the business to be discussed was “property and negotiations.” Jefferson County Board of Education v. Courier-Journal, 551 S.W.2d 25, 1977 Ky. App. LEXIS 693 (Ky. Ct. App. 1977). Full Details

Cited

Jefferson County Board of Education v. Courier-Journal, 551 S.W.2d 25, 1977 Ky. App. LEXIS 693 (Ky. Ct. App. 1977); 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); Frankfort Pub. Co. v. Kentucky State University Foundation, Inc., 834 S.W.2d 681, 1992 Ky. LEXIS 103 (Ky. 1992). Full Details

Acquisition or Sale of Property

Notice given in open meeting preparatory to closed session that the closed meeting would be held to discuss “property and negotiations” was not sufficient compliance with the requirement of notice of subsection (1) of KRS 61.815 for the term “property” fails to reveal whether it is real or personal, for purchase or for sale or whether publicity would affect its value. Jefferson County Board of Education v. Courier-Journal, 551 S.W.2d 25, 1977 Ky. App. LEXIS 693 (Ky. Ct. App. 1977). Full Details

Notice

Notice given in open meeting preparatory to closed session that the closed meeting would be held to discuss “property and negotiations” was not sufficient compliance with the requirement of notice of subsection (1) of this section for the term “property” fails to reveal whether it is real or personal, for purchase or for sale or whether publicity would affect its value. Jefferson County Board of Education v. Courier-Journal, 551 S.W.2d 25, 1977 Ky. App. LEXIS 693 (Ky. Ct. App. 1977). Full Details

Collective Bargaining Negotiations

The collective bargaining negotiations referred to in subsection (5) (now (e)) of this section means the settling of disputes by negotiation between employer and the representatives of the employees and does not embrace reports or status briefings on the labor negotiations. Jefferson County Board of Education v. Courier-Journal, 551 S.W.2d 25, 1977 Ky. App. LEXIS 693 (Ky. Ct. App. 1977). Full Details

Proposed or Pending Litigation

There is no requirement in the Open Meetings Law that the county board of education and its governing body give notice of an executive session in order to confer with their attorneys concerning proposed or pending litigation, for this matter is expressly excluded by the terms of this section and moreover involves the attorney-client relationship. Jefferson County Board of Education v. Courier-Journal, 551 S.W.2d 25, 1977 Ky. App. LEXIS 693 (Ky. Ct. App. 1977). Full Details

Notice

This section instructs that notice of a closed session must come prior to every such session in the regular open meeting and must supply the general nature of the business to be considered and the reason for the secrecy. Jefferson County Board of Education v. Courier-Journal, 551 S.W.2d 25, 1977 Ky. App. LEXIS 693 (Ky. Ct. App. 1977). Full Details

Collective Bargaining Negotiations

Whenever a public agency is formulating its demands or position preparatory to collective bargaining negotiations, either by way of deliberation or instructions to its advocates, such type of sessions are within the purview of subsection (5) (now (e)) of this section and thus such meetings of a public agency may be in closed session. Jefferson County Board of Education v. Courier-Journal, 551 S.W.2d 25, 1977 Ky. App. LEXIS 693 (Ky. Ct. App. 1977). Full Details

Application

Where court found that closed meeting of county board of education had violated the open meetings of public agencies law and declared all action taken at the meeting void and enjoined the board from holding future closed sessions on certain topics discussed at the meeting, the court remained within the authority supplied it by former law regarding enforcement of law concerning open meetings in granting such relief and as long as the board and its members made a good faith effort to obey they would not be cited for contempt. Jefferson County Board of Education v. Courier-Journal, 551 S.W.2d 25, 1977 Ky. App. LEXIS 693 (Ky. Ct. App. 1977) (decided under prior law). Full Details

Application

Where court found that closed meeting of county board of education had violated the open meetings of public agencies law and declared all action taken at the meeting void and enjoined the board from holding future closed sessions on certain topics discussed at the meeting, the court remained within the authority supplied it by this section in granting such relief and as long as the board and its members made a good faith effort to obey they would not be cited for contempt. Jefferson County Board of Education v. Courier-Journal, 551 S.W.2d 25, 1977 Ky. App. LEXIS 693 (Ky. Ct. App. 1977) (decided under prior law). Full Details