22-OMD-197
September 29, 2022
In re: Gail Smith/City of Bromley
Summary: The City of Bromley (the “City”) violated the Open Meetings
Act (“the Act”) when it did not issue a timely response to a complaint
submitted under the Act within three business days.
Open Meetings Decision
On August 30, 2022, Gail Smith (“Appellant”) submitted a complaint to the
City that none of its publicly posted meeting minutes recorded a vote approving the
construction of a wall in one of the City’s parks. Specifically, the Appellant alleged
that the construction of the wall at a City park began prior to its approval at a special
meeting on August 30, 2022. On September 9, 2022, having received no response from
the City, the Appellant initiated this appeal.
Upon receiving a complaint alleging a violation of the Act, a “public agency
shall determine within three (3) [business] days . . . after the receipt of the complaint
whether to remedy the alleged violation pursuant to the complaint and shall notify
in writing the person making the complaint, within the three (3) day period, of its
decision.” KRS 61.846(1). Here, on appeal, the City admits it received the Appellant’s
request on August 31, 2022, but it did not respond to the request. Thus, it violated
the Act.1
1
The City further admits on appeal that construction on the wall commenced prior to the vote
approving its construction at the City’s special meeting on August 30, 2022. The City claims the
contractor began work prior to the August 30 special meeting due to a miscommunication.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. The Attorney General will accept notice of
the complaint e-mailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/Matthew Ray
Matthew Ray
Assistant Attorney General
#349
Distributed to:
Gail Smith
Michael Denham
Kim Vocke