Request By:
Deborah Bruner
Messenger Inquirer
P.O. Box 1480
Owensboro, Kentucky 42301
Opinion
Opinion By: Steven L. Beshear, Attorney General; Carl T. Miller, Jr., Assistant Attorney General
You have requested an opinion of the Attorney General as to whether the Owensboro-Daviess County Hospital, a public agency, is permitted by law to discuss in a closed session the annual audit of its books.
The exceptions to the Open Meetings requirement under the Open Meetings Law are set forth in KRS 61.810. There are five subject matter exceptions as follows: (1) The purchase or sale of real property; (2) Pending litigation; (3) Collective bargaining negotiations; (4) Personnel matters involving named personnel, and (5) Industrial prospects. As you can see, discussion of an audit is not one of the subject matter exceptions. [We would note here that if the audit revealed a mishandling of funds it could lead to a discussion of personnel matters involving named personnel and such a discussion could be held in a closed session. ]
When an agency finds it necessary to go into a closed session on one of the excepted subjects it is required to follow the procedures set forth in KRS 61.815, to wit:
"(1) Notice shall be given in regular open meeting of the general nature of the business to be discussed in the closed session and the reason for the closed session;
(2) Closed sessions may be held only after a motion is made and carried by a majority vote in open, public session;
(3) No final action may be taken at a closed session;
(4) No matters may be discussed at a closed session other than those publicly announced prior to convening the closed session. "
You also ask what are the penalties for violating the Open Meeting Law and how are they enforced.
KRS 61.991 provides that any person who knowingly attends a meeting of any public agency of which he is a member which is not held in accordance with the Open Meeting Law shall be punished by a fine of not more than one hundred dollars. Such an offense should be prosecuted by the county attorney in a district court.
Any citizen of the state can bring an action in the circuit court to enforce the Open Meetings Law by injunction or other appropriate order. KRS 61.845. Any action taken by a public agency in an illegal meeting may be declared void by the court. KRS 61.830.
The Open Records Law may be enforced by any person by appeal to the Attorney General under KRS 61.880 or by filing an action in the circuit court. The penalties for violating the Open Records Law are the awarding of attorney's fees against the agency which violates the law and a penalty of up to twenty-five dollars per day for withholding a public record from public inspection at the discretion of the court. KRS 61.882.