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Request By:

Mr. Robert W. Keats
Legal Counsel
Louisville and Jefferson County
Metropolitan Sewer District
400 South Sixth Street
Louisville, Kentucky 40202

Opinion

Opinion By: Steven L. Beshear, Attorney General; By: Cicely D. Jaracz, Assistant Attorney General

As attorney for the Louisville and Jefferson County Metropolitan Sewer District (MSD), you have requested the Attorney General to issue an opinion pertaining to the Kentucky Open Meetings law. Specifically your question concerns whether MSD, a public agency governed by the Open Meetings Law, may go into closed session pursuant to KRS 61.810(6) for the purpose of discussing the acceptance of the resignation of a MSD official.

OPINION OF THE ATTORNEY GENERAL

It is the opinion of the Attorney General that MSD may not go into closed session to discuss the acceptance of the resignation of a MSD official under the Kentucky Open Meetings law.

KRS 61.810(6) provides that a public agency may go into closed session for:

Discussions or hearings which might lead to the appointment, discipline, or dismissal of an individual employe, member or student without restricting that employe's, member's, or student's right to a public hearing if requested, provided that this exception is designed to protect the reputation of individual persons and shall not be interpreted to permit discussion of general personnel matters in secret.

KRS 61.810(6) therefore expressly limits the discussion of personnel matters in closed session to those specifically dealing with an individual's appointment, discipline, or dismissal. The purpose of a closed session for those three matters is to protect the reputation of the individual involved. It is our opinion that the legislature specifically intended to close discussions only of these three subjects due to the potential for reputational damage. Closed discussions of other matters, such as resignation, are expressly precluded by KRS 61.810(6) which prohibits the "discussion of general personnel matters in secret. "

OAG 80-426, which states "[t]he accepting of a resignation and the appointment of an interim director (are) matters of personnel which are exempt from the Open Meetings requirement by KRS 61.810(6)" is overruled insofar as it is interpreted to allow the discussion of a resignation in closed session. However, the appointment of an interim director is expressly allowed in closed session.

It is therefore the opinion of this office that MSD cannot discuss in closed session whether to accept the resignation of an individual MSD official. KRS 61.810(6) provides for closed session only to discuss appointment, discipline, or dismissal of an individual in order to protect his reputation. Any other personnel matters are prohibited as subjects for closed meetings pursuant to KRS 61.810(6) as they constitute discussion of general personnel matters in secret.

LLM Summary
The Attorney General's opinion clarifies that the Louisville and Jefferson County Metropolitan Sewer District (MSD) may not go into closed session to discuss the acceptance of a resignation of an MSD official under the Kentucky Open Meetings law. The opinion specifically overrules a previous interpretation (OAG 80-426) that permitted discussions of resignations in closed sessions, stating that KRS 61.810(6) only allows closed sessions for discussions related to the appointment, discipline, or dismissal of an individual to protect their reputation, and does not extend to general personnel matters such as resignations.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Open Meetings Decision
Lexis Citation:
1983 Ky. AG LEXIS 79
Cites:
Forward Citations:
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