Ky. Rev. Stat. » Chapter 61

Ky. Rev. Stat. § 61.823

Special meetings -- Emergency meetings

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(1) Except as provided in subsection (5) of this section, special meetings shall be held in accordance with the provisions of subsections (2), (3), and (4) of this section. (2) The presiding officer or a majority of the members of the public agency may call a special meeting. (3) The public agency shall provide written notice of the special meeting. The notice shall consist of the date, time, and place of the special meeting and the agenda. Discussions and action at the meeting shall be limited to items listed on the agenda in the notice. (4) (a) As soon as possible, written notice shall be delivered personally, transmitted by facsimile machine, or mailed to every member of the public agency as well as each media organization which has filed a written request, including a mailing address, to receive notice of special meetings. The notice shall be calculated so that it shall be received at least twenty-four (24) hours before the special meeting. The public agency may periodically, but no more often than once in a calendar year, inform media organizations that they will have to submit a new written request or no longer receive written notice of special meetings until a new written request is filed. (b) A public agency may satisfy the requirements of paragraph (a) of this subsection by transmitting the written notice by electronic mail to public agency members and media organizations that have filed a written request with the public agency indicating their preference to receive electronic mail notification in lieu of notice by personal delivery, facsimile machine, or mail. The written request shall include the electronic mail address or addresses of the agency member or media organization. (c) As soon as possible, written notice shall also be posted in a conspicuous place in the building where the special meeting will take place and in a conspicuous place in the building which houses the headquarters of the agency. The notice shall be calculated so that it shall be posted at least twenty-four (24) hours before the special meeting. (5) In the case of an emergency which prevents compliance with subsections (3) and (4) of this section, this subsection shall govern a public agency's conduct of a special meeting. The special meeting shall be called pursuant to subsection (2) of this section. The public agency shall make a reasonable effort, under emergency circumstances, to notify the members of the agency, media organizations which have filed a written request pursuant to subsection (4)(a) of this section, and the public of the emergency meeting. At the beginning of the emergency meeting, the person chairing the meeting shall briefly describe for the record the emergency circumstances preventing compliance with subsections (3) and (4) of this section. These comments shall appear in the minutes. Discussions and action at the emergency meeting shall be limited to the emergency for which the meeting is called. Effective: July 15, 2008 History: Amended 2008 Ky. Acts ch. 20, sec. 1, effective July 15, 2008. -- Created 1992 Ky. Acts ch. 162, sec. 6, effective July 14, 1992.

Notes of Decisions
Cited in 7 cases (7 in the last 5 years), 2021–2025 · leading case: Terri Bradshaw v. Capital Community economic/industrial Development Authority
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Terri Bradshaw v. Capital Community economic/industrial Development Authority (2025) kyctapp · cites it 9× “) Turning to the facts relevant to this argument, nothing of record indicates where in the fiscal court building KCDC placed its KRS 61.823 notice. KCDC’s only responses to this point were: (1) “[T]he agenda for all future special meetings at Fiscal Court will be posted in a…”
J. Albert Harrison v. Oldham County Ethics Commission (2024) kyctapp · cites it 2× “3 KRS 61.823(3). 4 KRS 61.815(1)(a). -2- required by the OMA.”
Lincoln Trail Grain Growers Association v. Meade County Fiscal Court (2021) kyctapp “4 Hardesty and Bewley further allege that their terms of 4 In pertinent part, KRS 61.823 sets out the following requirements for notice of a special meeting by a public agency: (3) The public agency shall provide written notice of the special meeting.”
Stuff Properties v. winchester/clark County Board of Adjustments (2022) kyctapp “820, and KRS 61.823 shall be voidable[.]”); KRS 61.”
Larry Fackler v. Greenland Acquisition Co. (2022) ca6 “To evade public scrutiny, the Fiscal Court kept the meeting agenda vague, listing “Riverport”—nothing more—as the first item on the published agenda, in an alleged violation of the Kentucky Open Meetings Act, Ky. Rev. Stat. § 61.823. And sure enough, at the beginning of the…”
Campbell County Board of Education v. Ken Moellman, Sr. (2023) kyctapp “848(5) reads: “Any rule, resolution, regulation, ordinance, or other formal action of a public agency without substantial compliance with the requirements of KRS 61.”
Larry Fackler v. Greenland Acquisition Company (2023) ca6 “To evade public scrutiny, the Fiscal Court kept the meeting agenda vague, listing “Riverport”—nothing more—as the first item on the published agenda, in an alleged violation of the Kentucky Open Meetings Act, Ky. Rev. Stat. § 61.823. And sure enough, at the beginning of the…”
— Ky. Rev. Stat. § 61.823(3) — 2 cases
Terri Bradshaw v. Capital Community economic/industrial Development Authority (2025) kyctapp “) Turning to the facts relevant to this argument, nothing of record indicates where in the fiscal court building KCDC placed its KRS 61.823 notice. KCDC’s only responses to this point were: (1) “[T]he agenda for all future special meetings at Fiscal Court will be posted in a…”
J. Albert Harrison v. Oldham County Ethics Commission (2024) kyctapp “3 KRS 61.823(3). 4 KRS 61.815(1)(a). -2- required by the OMA.”
— Ky. Rev. Stat. § 61.823(4) — 1 case
Terri Bradshaw v. Capital Community economic/industrial Development Authority (2025) kyctapp “) Turning to the facts relevant to this argument, nothing of record indicates where in the fiscal court building KCDC placed its KRS 61.823 notice. KCDC’s only responses to this point were: (1) “[T]he agenda for all future special meetings at Fiscal Court will be posted in a…”
— Ky. Rev. Stat. § 61.823(4)(c) — 1 case
Terri Bradshaw v. Capital Community economic/industrial Development Authority (2025) kyctapp “) Turning to the facts relevant to this argument, nothing of record indicates where in the fiscal court building KCDC placed its KRS 61.823 notice. KCDC’s only responses to this point were: (1) “[T]he agenda for all future special meetings at Fiscal Court will be posted in a…”
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