Request By:
Mr. Michael K. Bunch
Communication Ideas, Inc.
P.O. Box 1190
Russell Springs, Kentucky 42642
Opinion
Opinion By: David L. Armstrong, Attorney General; By: Cicely D. Jaracz, Assistant Attorney General
This office is in receipt of your request for an opinion in regard to the propriety of a closed session held by the Jamestown City Council on July 16, 1984 as it pertains to the Kentucky Open Meetings laws, KRS 61.805 et seq.
In compiling the facts for this opinion, the undersigned contacted Jamestown Mayor George McClure, who referred our letter to City Attorney Robert L. Wilson. The facts, as gathered from you and Mr. Wilson, indicate that the Jamestown City Council held a meeting on July 16, 1984. At that meeting, Mayor McClure moved for a closed session to discuss "personnel matters" per KRS 61.810(6). The purpose of the closed session was to discuss the reduction of the present five-man police force due to budgetary requirements.
Mr. Wilson indicates that the City decided to have a closed session to allow an open and frank discussion with the police officers concerning the situation. At the closed session, all the police officers and Chief of Police Morris Polston were present. Mr. Wilson stated that it was his opinion that a closed session would be productive in discussing the financial conditions of the police officers and their willingness to take a leave of absence or resign.
Before going into closed session, however, Chief Polston relayed a request to the council from the police officers that the meeting remain open. The council instead voted to go into closed session.
The question is whether the council acted properly in accordance with the Open Meetings law by closing the meeting after a request was made to keep the meeting open by the individuals involved in the possible dismissal. It is our opinion that the meeting was improperly closed after this request was made.
KRS 61.810 requires that all meetings of public agencies at which any business is discussed or any action taken shall be open to the public. KRS 61.810, however, provides exceptions for open meetings in certain instances provided a quorum is present. Subsection (6) applies herein to allow a closed meeting 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. (Emphasis added.)
It is apparent that
Reed v. City of Richmond, Ky.App., 582 S.W.2d 651 (1979), is dispositive of the issue presented herein. In Reed, the Court of Appeals held that the City of Richmond's refusal to hold a public hearing on charges against Reed, Richmond Police Chief, after Reed requested a public hearing was clearly violative of KRS 61.810. Id. at 654. As in Reed, the police officers herein requested a public hearing and, in accordance with Reed, should have received it.
It is therefore the opinion of the Attorney General that the Jamestown City Council improperly closed their meeting on July 16, 1984. The affected individuals requested that the meeting remain open and the council, pursuant to KRS 61.810(6) and Reed, supra, should have honored that request.
In keeping with the policy of this office, a copy of this opinion is being sent to the affected public agency.