Opinion
Opinion By: Jack Conway, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Meetings Decision
Michael Murphy appeals the Glencoe City Council's response to his July 1, 2014, written complaint alleging violation of the Open Meetings Act based on the council's discussion of, and action on, nonagenda topics. As a means of remedying this violation, Mr. Murphy proposed that the council conduct all special meetings and committee meetings "strictly in accordance with the provisions of KRS 61.823(2), (3), (4)(a) and (b), and (5)" and that meeting agendas "reflect the correct date." 1 The council acknowledged the alleged violation in its written response and agreed to "adhere strictly to the Open Meetings Act" as Mr. Murphy requested.
The council violated KRS 61.823(3) by discussing and acting on nonagenda topics at its June 16 special meeting. Acknowledging that the language of that statute limits discussions and actions at a special meeting "to items listed on the agenda in the notice, " the council did not dispute Mr. Murphy's allegation and agreed to the remedy he proposed. The meeting notice and agenda attached to Mr. Murphy's appeal reflect additional irregularities. The special meeting notice must "consist of the date, time, and place of the special meeting and the agenda ." KRS 61.823(3) (emphasis added). The special meeting notice submitted to this office as an attachment to Mr. Murphy's appeal did not identify the agency conducting the special meeting and was vague as to meeting site. In addition, it did not include an agenda. The special meeting agenda for the June 16 meeting misidentifies the date of the meeting and contains nonspecific agenda topics, such as "Address council and public" and "Questions or discussion of May 2014 Minutes," which have been disapproved as inconsistent with the goal of maximizing notice to the public. 01-OMD-175, p. 7; 13-OMD-005. Thus, in 01-OMD-175 this office stated that a meeting agenda should be drafted with:
sufficient specificity in the description of the items to be discussed to ensure fair notice to the public. Fair notice cannot be imputed from vaguely worded descriptions of agenda items such as "old business," "new business," "open to floor," and "open to council." Such vaguely worded descriptions invite discussions and actions on any topic without the limitations envisioned by the statute in a special meeting.
01-OMD-175, p. 5; 13-OMD-005, p. 4. The Glencoe City Council should be aware of these requirements in its efforts to adhere strictly to the Open Meetings Act.
Mr. Murphy expresses concern about the possibility of future open meetings violations. Should he question the actions of the council at a future meeting, he can challenge those actions by submitting a complaint to the council's presiding officer under KRS 61.846(1). If necessary, he can pursue an appeal through this office or the courts under KRS 61.846(2). The Attorney General cannot prospectively address violations of the Open Meetings Act that a complainant anticipates but that have not occurred.
Either party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.846(4)(a). The Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceedings.
Distributed to:
Michael MurphyJames NantzAlecia Gamm Norman
Footnotes
Footnotes
1 Mr. Murphy attached a copy of the special meeting notice which appears as follows:
SPECIAL MEETING
Will be held at the city building on
June 16th at 7:00 P.M.
He also attached a copy of the "Glencoe City Council Agenda" dated June 9, 2014, but used at the June 16 special meeting. It appears, in part, as follows:
GLENCOE CITY COUNCIL AGENDA
CITY HALL
112 NORTH MAIN STREET
GLENCOE, KY 1046
Monday, June 9th 2014 7:00 P. M.
1. Call to order2. Pledge of Allegiance3. Address council and public4. Questions or discussion of May 2014 Minutes5. Treasure [sic] Report6. Pay Bills7. Old Business
1) Update on warning siren
2) City park -- Juju Sullivan
3) Frontier Days
8. New Business
1) 1st reading of budget
2) Donations