FAQs

Superintendent Searches and the Open Meetings Act

It's that time of year when many of our boards of education are engaged in superintendent searches. When a board interviews superintendent candidates, is this considered a meeting under the Open Meetings Act? Yes. The Act's definition of meeting is very broad and includes any gathering at which a quorum is present and public business is discussed. However, a board may conduct these interviews in closed session with proper notice and motion.

The Open Meetings Act provides a list of exceptions to the general rule that a meeting be open to the public. Specifically, KRS 61.810(1)(f) provides that all meetings shall be open at all times, except "…discussions or hearings which might lead to the appointment, discipline, or dismissal of an individual employee, member, or student…". Discussions involving the general qualifications to be required of an applicant or details such as the salary range for the position should be conducted in an open meeting. See, e.g., OAG 79-516; Floyd County Bd. of Educ. v. Ratliff, Ky., 955 S.W.2d 921 (1997). Similarly, a discussion of what process or procedures will be used during the search must be held in open session, since they are general and do not involve a specific candidate. See, 97 OMD 80; Lexington Herald-Leader v. Univ. of Ky., Ky., 732 S.W.2d 884 (1987). In OAG 77-577, the Attorney General noted that KRS 61.810(1)(f) permits a public body to enter a closed session in order to interview specific applicants for district positions. It is also permissible to use a closed session to compare candidates and their qualifications. Further, as made clear in OAG 91-144, a board may properly invoke a closed session to negotiate with a superintendent candidate regarding his or her salary, length of contract, and other terms of employment prior to his or her hiring. Of course, once the contract has been agreed upon, the contract becomes subject to inspection under the Open Records Act.

It is important to remember that the board must meet the statutory requirements to properly enter into a closed session. Under KRS 61.815, the board must first give notice in the public session of the purpose of the closed session, the reason for the closed session, and the specific provision of the Open Meetings Act that authorizes the closed session. For example, the notice might state that the closed session is for the purpose of interviewing and comparing candidates for the position of superintendent and that the session is authorized by KRS 61.810(1)(f). Closed sessions require a motion and a majority vote in public session, 95 OMD 92, and it is advisable that the motion contain the elements of the required notice. Lastly, once a decision is reached regarding the candidates, final action must be taken in open session. KRS 61.815(1)(c).

For more information on the Open Meetings Act, please see School Districts and The Open Meetings Act, Third Edition, a monograph series by KSBA Director of Legal Services J. Stephen Kirby, available elsewhere on this website.

Kentucky School Boards Association

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