THE KENTUCKY OPEN MEETINGS ACT KRS 61805 – 61850.pptVIP

THE KENTUCKY OPEN MEETINGS ACTKRS 61.805 – 61.850 [T]he basic policy of KRS 61.805 to 61.850 is that the formation of public policy is public business and shall not be conducted in secret and the exceptions provided for by KRS 61.810 or otherwise provided for by law shall by strictly construed. PURPOSE AND CONSTRUCTION OF OPEN MEETINGS LAW “The express purpose of the Open Meetings Act is to maximize notice of public meetings and actions. The failure to comply with the strict letter of the law in conducting meetings of a public agency violates the public good.” Floyd County Board of Education v. Ratliff 955 SW 2d 921 (1997) “Statutes enacted for the public benefit should be interpreted most favorably to the public.” Board of Public Instruction v. Doran 224 So..2d 693 (Fla.1969) Cited with approval in Courier Journal and Louisville Times Co. v. University of Louisville Board of Trustees 569 SW2d 374 (1979) MANDATE OF THE OPEN MEETINGS ACT ALL MEETINGS of a quorum of the members of any PUBLIC AGENCY at which any public business is discussed or at which any action is taken by the agency, shall be public meetings, open to the public at all times [except as otherwise provided in the Act]. PUBLIC MEETING “ALL GATHERINGS OF EVERY KIND, including video teleconferences, regardless of where the meeting is held, and whether regular or special and informational or casual gatherings held in anticipation of or in conjunction with a regular or special meeting.” KRS 61.805(1) SERIAL MEETINGSKRS 61.810(2) “The Act prohibits a quorum from discussing public business in private or meeting in number less than a quorum for the express purpose of avoiding the open meeting requirement of the Act. KRS 61.810(2).” Yeoman v. Commonwealth, Ky., 983 S.W. 2d 459, 474 (1998) “Public business is the discussion of the various alternatives to a given issue about which the agency has the option to take action.” Id. Any SERIES of less than quorum meetings, where