As used in KRS 61.805 to 61.850, unless the context otherwise requires:
(1) "Meeting" means 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;
(2) "Public agency" means:
(a) Every state or local government board, commission, and authority;
(b) Every state or local legislative board, commission, and committee;
(c) Every county and city governing body, council, school district board, special district board, and municipal corporation;
(d) Every state or local government agency, including the policy-making board of an institution of education, created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act;
(e) Any body created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act in the legislative or executive branch of government;
(f) Any entity when the majority of its governing body is appointed by a "public agency" as defined in paragraph (a), (b), (c), (d), (e), (g), or (h) of this subsection, a member or employee of a "public agency," a state or local officer, or any combination thereof;
(g) Any board, commission, committee, subcommittee, ad hoc committee, advisory committee, council, or agency, except for a committee of a hospital medical staff or a committee formed for the purpose of evaluating the qualifications of public agency employees, established, created, and controlled by a "public agency" as defined in paragraph (a), (b), (c), (d), (e), (f), or (h) of this subsection; and
(h) Any interagency body of two (2) or more public agencies where each "public agency" is defined in paragraph (a), (b), (c), (d), (e), (f), or (g) of this subsection;
(3) "Action taken" means a collective decision, a commitment or promise to make a positive or negative decision, or an actual vote by a majority of the members of the governmental body; and
(4) "Member" means a member of the governing body of the public agency and does not include employees or licensees of the agency.
(5) "Video teleconference" means one (1) meeting, occurring in two (2) or more locations, where individuals can see and hear each other by means of video and audio equipment. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 245, sec. 1, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 162, sec. 2, effective July 14, 1992. -- Created 1974 Ky. Acts ch. 377, sec. 1.
Notes of Decisions
Floyd Cnty. Bd. of Educ. v. Ratliff, 955 S.W.2d 921 (Ky. 1997).
· cites it 10× “KRS 61.805 et seq. KRS 61.805 requires that "all meetings of a quorum of the members of any public agency at which any public business is discussed or any action is taken by the agency, shall be public meetings, open to the public at all times.”
Yeoman v. Com., Health Policy Bd., 983 S.W.2d 459 (Ky. 1998).
· cites it 4× “" KRS § 61.805(3). 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.”
Webster Cnty. Bd. of Educ. v. Franklin, 392 S.W.3d 431 (Ky. Ct. App. 2013).
· cites it 7× “Then, the Board posits that the November 3, 2011, decision was made by consensus or a collective decision and, thus, under KRS 61.805, no vote was necessary at the November 3, 2011, meeting.”
Courier-Journal & Louisville Times Co. v. Univ. of Louisville Bd. of Trs., 596 S.W.2d 374 (Ky. Ct. App. 1979).
· cites it 7× “— As used in KRS 61.805 to 61.850 unless the context otherwise requires: (1) “Meeting” means all gatherings of every kind, regardless of where the meeting is held, and whether regular or special and informational or casual gatherings held in anticipation of or in conjunction…”
Carter v. Smith, 170 S.W.3d 402 (Ky. Ct. App. 2004).
· cites it 2× “Obviously, the right to intervene where a statute conveys an unconditional right to intervene is not applicable in this case since this is an action pursuant to Kentucky’s Open Meetings Act, KRS 61.805 through 61.850, and nothing in that statute grants anyone any unconditional…”
Fiscal Court of Jefferson Cnty. v. Courier-Journal & Louisville Times Co., 554 S.W.2d 72 (Ky. 1977).
· cites it 2× “This is an appeal from a judgment of the Jefferson Circuit Court which interpreted, applied and enforced the “Kentucky Open Meetings Law”, KRS 61.805 et seq. The trial court: (1) Declared void telephone votes of the Jefferson Fiscal Court which promoted and set the salary of a…”
Lexington-Fayette Urban Cnty. Gov't v. Lexington Herald-Leader Co., 941 S.W.2d 469 (Ky. 1997).
“Such an argument requires treating settlement agreements as equivalent to documents produced in a closed meeting properly exempted from the Open Meetings Act, KRS 61.805 et. seq. However, the Open Meetings Act litigation exception addresses attorney-client confidentiality in…”
Kanahele v. Maui Cnty. Council., 307 P.3d 1174 (Haw. 2013).
“upon a motion, proposal, resolution, order or ordinance”); Ky.Rev.Stat. Ann. § 61.805(3) (West, Westlaw through 1994 Act 245) (“ ‘Action taken’ means a collective decision, a commitment or promise to make a positive or negative decision, or an actual vote by a majority of the…”
Carter v. Craig, 574 S.W.2d 352 (Ky. Ct. App. 1978).
“The trial court was also clearly erroneous in finding the Board erred in making its determination to dismiss appellee during a closed session of the Board in violation of KRS 61.805 and 61.810. We decided in Bell v.”
— Ky. Rev. Stat. § 61.805(1) — 3 cases
Floyd Cnty. Bd. of Educ. v. Ratliff, 955 S.W.2d 921 (Ky. 1997).
“KRS 61.805 et seq. KRS 61.805 requires that "all meetings of a quorum of the members of any public agency at which any public business is discussed or any action is taken by the agency, shall be public meetings, open to the public at all times.”
Courier-Journal & Louisville Times Co. v. Univ. of Louisville Bd. of Trs., 596 S.W.2d 374 (Ky. Ct. App. 1979).
“— As used in KRS 61.805 to 61.850 unless the context otherwise requires: (1) “Meeting” means all gatherings of every kind, regardless of where the meeting is held, and whether regular or special and informational or casual gatherings held in anticipation of or in conjunction…”
Webster Cnty. Bd. of Educ. v. Franklin, 392 S.W.3d 431 (Ky. Ct. App. 2013).
“Then, the Board posits that the November 3, 2011, decision was made by consensus or a collective decision and, thus, under KRS 61.805, no vote was necessary at the November 3, 2011, meeting.”
— Ky. Rev. Stat. § 61.805(2) — 6 cases
Courier-Journal & Louisville Times Co. v. Univ. of Louisville Bd. of Trs., 596 S.W.2d 374 (Ky. Ct. App. 1979).
“— As used in KRS 61.805 to 61.850 unless the context otherwise requires: (1) “Meeting” means all gatherings of every kind, regardless of where the meeting is held, and whether regular or special and informational or casual gatherings held in anticipation of or in conjunction…”
— Ky. Rev. Stat. § 61.805(2)(a) — 1 case
— Ky. Rev. Stat. § 61.805(2)(c) — 3 cases
Webster Cnty. Bd. of Educ. v. Franklin, 392 S.W.3d 431 (Ky. Ct. App. 2013).
“Then, the Board posits that the November 3, 2011, decision was made by consensus or a collective decision and, thus, under KRS 61.805, no vote was necessary at the November 3, 2011, meeting.”
— Ky. Rev. Stat. § 61.805(2)(e) — 1 case
— Ky. Rev. Stat. § 61.805(2)(f) — 1 case
— Ky. Rev. Stat. § 61.805(2)(g) — 1 case
— Ky. Rev. Stat. § 61.805(3) — 7 cases
Yeoman v. Com., Health Policy Bd., 983 S.W.2d 459 (Ky. 1998).
“" KRS § 61.805(3). 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.”
Webster Cnty. Bd. of Educ. v. Franklin, 392 S.W.3d 431 (Ky. Ct. App. 2013).
“Then, the Board posits that the November 3, 2011, decision was made by consensus or a collective decision and, thus, under KRS 61.805, no vote was necessary at the November 3, 2011, meeting.”
Kanahele v. Maui Cnty. Council., 307 P.3d 1174 (Haw. 2013).
“upon a motion, proposal, resolution, order or ordinance”); Ky.Rev.Stat. Ann. § 61.805(3) (West, Westlaw through 1994 Act 245) (“ ‘Action taken’ means a collective decision, a commitment or promise to make a positive or negative decision, or an actual vote by a majority of the…”
— Ky. Rev. Stat. § 61.805(8) — 1 case
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