The Bluegrass Chapter of the Society of Professional Journalists has announced its formal opposition to a measure under consideration by the Frankfort Board of Commissioners.
The measure would amend the city's ethics policy by prohibiting commissioners from disclosing any matters discussed in closed session.
It comes in the wake of the controversial firing of the Frankfort city manager under circumstances that suggest multiple open meetings violations. The State Journal, a city commissioner, and a candidate for city commission have challenged the commission's conduct under the open meetings law in light of these circumstances.
Critics view the proposal as a heavy-handed means of silencing commissioners who observe illegalities and impeding their ability to pursue open meetings challenges.
The Kentucky Open Government Coalition expressed its opposition to the proposal last week, observing:
"In an increasingly rancorous atmosphere, the City Commission is considering an ethics provision that compels member silence about matters discussed in closed session—among other things, impeding members' right to report possible open meetings violations.
"Convenient.
"The open meetings law is silent on the issue, but it is widely understood that public officials must be circumspect in disclosing public business legitimately discussed in closed session under an exception to the open meetings law — certainly where public disclosure would compromise a significant governmental interest.
"If adopted and challenged, the proposed ethics provision is unlikely to survive legal scrutiny.
"It is abundantly clear, however, that the ethics provision under consideration is inimical to ethical government. Public officials should not be compelled to remain silent in the face of closed session illegality.
"Public officials should honor the purposes for which the open meetings exceptions were enacted — in word and deed — where those exceptions are legitimately invoked.
"But no official should be constrained from reporting, or indeed challenging through the legal mechanisms available under the law, a suspected open meetings violation.
"It's just that simple."
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The Kentucky Open Government Coalition reaffirms its opposition to the proposal of the Frankfort Board of City Commissioners and joins the Bluegrass Chapter of the Society of Professional Journalists in urging the city "to forget this ill-advised notion â which would surely cost taxpayers for the defense of a lawsuit the city is likely to lose â and *pay attention to the open-meetings law*."
It really is just that simple.
