Request By:
Mr. Frank Brown, Jr.
Managing Editor
The Trail Blazer
Morehead State University
Morehead, Kentucky 40351
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Robert L. Chenoweth, Assistant Attorney General
You have asked the Office of the Attorney General to consider several matters of concern to you as editor of the Morehead State University Trail Blazer which is the campus newspaper printed as a laboratory for journalism students. You stated in regard to your first question that the Student Government Association (SGA) spends state money (SGA) spends state money appropriated to it by the Morehead State University Board of Regents. You noted that the members of the SGA are elected by the student body. You asked in reporting for the campus paper whether the SGA should be considered as a city council or fiscal court or is the SGA to be considered a "private club." In conjunction with this question you also asked whether regular or special meetings of the SGA be closed to reporters or the public.
We believe a prior opinion of this office, OAG 74-639, copy attached, is dispositive of the above two questions. In that opinion we stated:
"Private associations are not included within the definition of 'public agency.' Nor is the source of funding a determinative factor in the application of the law. We view the Murray State Student Government Association as a private association not covered by the open meetings law."
You next ask what are the legal ramifications of a campus newspaper supporting candidates for SGA offices as well as the paper's obligation to offer equal space for opposing candidates. It is our opinion this matter is subject to your own policies and to regulations established by the Board of Regents. However, as a campus newspaper it would not seem appropriate to arbitrarily and unreasonably exclude certain candidates.
For your last question you asked the legality of the university charging a mandatory entertainment fee to students to be used for financing plays, concerts, movies and other activities. It is our opinion that it is within the powers of the Board of Regents to establish such a fee. Moreover, in support of this position, we refer you to KRS 164.020(2), establishing the powers and duties of the Council on Higher Education, copy enclosed. We have also enclosed a policy adopted by the Council in this regard as well as a tuition and fee schedule for the state-supported institutions of higher education.