Frequently Asked Questions: Open Meetings

What is the Open Meetings Act?

The Open Meetings Act is composed of state statutes that address procedures for meetings of public agencies, KRS 61.805 - 61.850. Meetings of boards of education, school councils, or committees of either are covered by the Open Meetings Act.

What is a meeting?

A meeting occurs whenever a quorum of the body gathers to discuss public business or take action.

The definition of meeting is very broad. Whenever a quorum gathers and public business is discussed, a meeting occurs for purposes of the OMA. For example, if a quorum meets informally to have lunch together and public business is discussed, a meeting has occurred for purposes of the OMA.

[For more information on this topic see: School Districts and The Open Meetings Act, Chapters 2 and 3.]

What is the difference between a regular and special meeting?

Each body must adopt a schedule or calendar of regular meetings that is available to the public. By statute, boards of education must hold a regular meeting each month. Any meeting held outside of the calendar of regular meetings is a special meeting, including any rescheduled regular meeting.

[For more information on this topic see: School Districts and the Open Meetings Act, Chapter 4.]

What topics may be addressed at a Special Meeting?

Special meetings are limited to the items listed in the meeting agenda delivered with the meeting notice. Additional items cannot be added to the agenda at a special meeting. This is different from a regular meeting where the agenda may be amended and other topics added during the regular meeting itself.

[For more information on this topic see: School Districts and the Open Meetings Act, Chapters 4, 5 and 8.]

Are there special procedures for calling a special meeting?

Yes. Special meetings may only be held after written notice of the meeting is given to each member of the body and to each media organization that has filed a written request to receive such notices.

Notice of a special meeting must:

• i. set out the date, time and place for the meeting;
• ii. include the agenda of the special meeting; and
• iii. be delivered no later than 24 hours before the time of the meeting.

The notice must be posted in a conspicuous place at the building where the meeting will take place and at the headquarters of the body, if the meeting place will be at a second location. Notice must be posted no later than 24 hours before the meeting.

[For more information on this topic see: School Districts and the Open Meetings Act, Chapter 5.]

If an emergency arises, may a meeting be called with less than 24 hours notice?

Where an emergency meeting is necessary, less than 24 hours notice is possible if reasonable effort is made to deliver the required notices. The reasons for the emergency must be read into the official minutes and the meeting is limited to those items that created the emergency. The courts will construe emergency narrowly.

"Emergency" is usually limited to actual or threatened damage to property or financial loss to the public agency.

[For more information on this topic see: School Districts and the Open Meetings Act, Chapter 5.]

When may a meeting be closed to the public?

All meetings of the body must be open to the public except for meetings that the OMA permit to be closed.

The most frequent statutory grounds for a closed session include:

• i. purchase or sale of real estate;
• ii. proposed or pending litigation;
• iii. collective bargaining negotiations; and
• iv. hearings concerning individual employees or students which involve the appointment or discipline of the individual provided that in the case of discipline, the individual can request a public hearing.

[For more information on this topic see: School Districts and the Open Meetings Act, Chapter 9.]

What procedures are required to go into a closed session?

Certain restrictions and procedures apply to closed sessions.

Before entering a closed session:

• a. Notice must be given in open session of the general nature of the business to be discussed;
• b. The reason for the closed session; and
• c. The specific provision of the OMA which authorizes the closed session.

A motion must be made in open session, supported by a majority vote, to enter a closed session. Only those matters named in the notice can be discussed in the closed session. No final action can be taken in closed session. A few topics, such as student discipline hearings, may not be subject to the requirements listed.

[For more information on this topic see: School Districts and the Open Meetings Act, Chapter 9.]

May the media attend a public agency meeting?

Yes. The media has a right under the OMA to attend public meetings, which includes the right to record and broadcast the meeting. This right extends to all portions of a meeting open to the public. Portions of meetings appropriately closed under state law are not open to either the public or the media.

[For more information on this topic see: School Districts and the Open Meetings Act, Chapter 10.]

May an agency poll members by phone or in person in order to reach a decision and thus avoid a public meeting?

No. Phone polls and serial meetings are prohibited under the Open Meetings Act. A serial meeting occurs when, for the purpose of avoiding OMA requirements, small meetings of less than a quorum are held at different times with different members avoiding a quorum at any one meeting, when the total members attending collectively constitute a quorum.

© 2004 Kentucky School Boards Association.

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