New year means reminders on Kentucky’s open meetings law

Kentucky School Advocate
February 2021

By John Fogle

KSBA Staff Attorney

The Kentucky Attorney General’s website posted an alert about guidance that must be given to newly elected board members about Kentucky’s Open Records Act (ORA) and Kentucky’s Open Meetings Act (OMA). What is required?

Newly elected school board members are to receive the guidance documents within 60 days of taking office. This year the 60 days started on Jan. 4, meaning that distribution (and signed verification of receipt) needs to happen by March 4.

So the materials being distributing are just pertinent to newly elected board members?

Because the Attorney General’s Office updated its ORA and OMA guidance in June of 2020, KSBA recommends that districts provide the guidance to all board members.

What materials should board members receive?

The ORA and OMA resources – to be furnished by or on behalf of superintendents – include the “Guide to Kentucky Open Records and Open Meetings Act” (prepared by the Kentucky Attorney General’s Office) and “Managing Government Records” (prepared by the Kentucky Department of Libraries and Archives).

The email or cover letter to school board members accompanying these materials should include a “Proof of Receipt” to be signed by the board member and returned to be kept on file in the district. The individual “Proof of Receipt” forms are not to be sent to the of the attorney general’s office. Instead, the superintendent is to fill out and mail a single “Certificate of Distribution” to Joseph Fawns, Office of the Attorney General, 700 Capitol Avenue, Suite 118, Frankfort, Kentucky 40601

In general, what constitutes a meeting under the OMA?  

A meeting takes place when a quorum (a majority of the membership of the body) gathers and public business is discussed. This may include meetings held virtually. The term also covers a series of “less than quorum” gatherings that collectively constitute the discussion of public business among a quorum.  For example, if a majority of a board’s members meet informally for lunch where district business is discussed,  this activity is subject to the act. The OMA requires that such gatherings are to be held as regular meetings, special meetings or emergency meetings where the public and press may observe. In addition to other requirements, meeting minutes must be recorded and maintained and closed sessions may be held only for reasons set forth in the act.      

What does public business mean under the OMA?    

This is best addressed by what the act is aimed at preventing. This includes discussions among a quorum for the purpose of consensus building and discussions about possible actions or alternatives on matters that fall within a school board’s authority. Discussions among a quorum limited solely to topics to be discussed at future meetings (without delving into specifics) and setting agreeable meeting dates have been recognized by the Kentucky attorney general not to trigger OMA requirements. School leaders are advised to consult board counsel when there is any doubt about such discussions.