Opinion
Opinion By: Andy Beshear,Attorney General;Matt James,Assistant Attorney General
Open Meetings Decision
This matter having been presented to the Attorney General in an open meetings appeal, and the Attorney General being sufficiently advised, we find that the City of Hustonville mooted the issue on appeal by acknowledging its error and complying with the requested remedy. KRS 61.846(1). "When a public agency concedes the open meetings error alleged, the issue upon which the appeal is based becomes academic or moot." 06-OMD-008; 04-OMD-072. The City of Hustonville has acknowledged its error in failing to respond to a complaint in writing within three business days, and complied with the requested remedy of providing all city council members with a copy of the Attorney General's publication "Your Duty Under the Law." Accordingly, we find that the issue which Ms. Whitehouse raised in her November 7, 2017 open meetings appeal is moot and no further analysis of the issue is warranted.
A 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 shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceedings.