Request By:
Ms. Sara Falls, Editor
Appalachian News-Express
P.O. Box 802
201 Caroline Avenue
Pikeville, Kentucky 41501
Opinion
Opinion By: Steven L. Beshear, Attorney General; Eileen Walsh, Assistant Attorney General
You have requested this office's opinion on the following questions:
(1) With regard to county fiscal courts, are work sessions dealing with the preparation of the county's budget, during which a quorum of the fiscal court is present, considered to be open meetings as defined in KRS 61.805 and, as such, should each local newspaper of general circulation as defined in KRS 61.825 be notified of such meetings and allowed to attend?
The above-described "work sessions" of the fiscal court would be considered to be open meetings as those are defined in KRS 61.805 and 61.810. It is not clear from your letter, though, that these meetings of the fiscal court were "special meetings" of the fiscal court and thus we are unable to say whether or not the fiscal court was required to meet the notice requirements of KRS 61.825.
(2) Is the budget which is approved during a regular fiscal court meeting considered a public record as defined in KRS 61.870 and, if so, how can a reporter for a local newspaper obtain a copy of the proposed budget prior to its approval by the fiscal court (other than a copy which might be required for a legal advertisement)?
The answer here is that the approved budget would be considered a public record as that term is defined in KRS 61.870. Under KRS 67.100 every official action of the fiscal court shall be made a part of the permanent records of the county. All public records shall be made a part of the permanent records of the county. All public records shall be open for inspection by any person under KRS 61.872. Under KRS 61.870 "public records" includes papers and other documentary materials which are prepared, owned, used, in the possession of or retained by a public agency.
A copy of the proposed county budget is sent to the fiscal court by the county budget commission as provided in KRS 68.240. Therefore, it would appear that the proposed budget would also be a public record open to inspection by the public under KRS 61.872. Copies of public records may be obtained by the procedure set forth in KRS 61.874.
(3) With regard to a regular session of the fiscal court during which the budget for the upcoming fiscal year is approved by the magistrates, is there any requirement that a line item discussion of the proposed budget be undertaken?
There is no statutory requirement that a line item discussion of the proposed budget be undertaken by the fiscal court. Under KRS 68.240(6) the fiscal court is sent a copy of the proposed budget by the county budget commission. This statute provides that the fiscal court shall comment upon the proposed budget and submit any recommended changes to the budget commission. Adoption of the proposed budget by the fiscal court need not be preceded by a line item discussion of the proposed budget. KRS 68.240 and 68.260.
(4) If the final action on a county's budget is taken during a regular meeting, open to the public, but the actual discussion and decisions about the budget were made in closed work sessions not held according to state law, then is the final approval of the budget acceptable or would it be considered null and void?
The answer here is that the final approval of the budget would not be considered null and void. KRS 61.830 provides in part:
Any rule, resolution, regulation, ordinance or other formal action of a public agency without substantial compliance with the requirements of KRS 61.810, 61.815, 61.820 and 61.825 shall be voidable by a court of competent jurisdiction.
Thus, under KRS 61.830 the formal action taken by the fiscal court in adopting its current budget is not considered null and void. Any actions taken that are in violation of the open meetings will stand as valid unless voided by the court.
(5) Is there any requirement that fiscal courts notify county employees regarding their employment status for the upcoming fiscal year and, if so, what is that requirement?
A fiscal court is not required to notify county employees regarding their employment status for the upcoming year unless the county has a merit system which calls for such notification.