Mockingbird Valley violated the Open Meetings Act when city officials held public meetings at the mayor’s home and in her driveway.
On Aug. 25, 2016, Attorney General Andy Beshear issued an opinion, In re: R. Keith Cullinan/City
of Mockingbird Valley, 16-OMD-178.
Cullinan sent a letter to the mayor and city council
on July 20, stating he believed that meetings held at the mayor’s home and
in her driveway violated the Open Meetings Act, suggesting other possible sites
to meet the act’s requirement.
The Jefferson County city responded the city commission would be asked to consider his request at the next meeting. Cullinan appealed to the Attorney General's Office on July 29, stating the response did not
meet the requirements of the act and it did not address a remedy for the
violations.
In a response, the city acknowledged having meetings at
the mayor’s house and in chairs around the front porch of her home.
KRS 61.820(1) requires that all public agency meetings be
held at places which are convenient to the public, with various requirements
set forth for consideration of the place chosen.
Beshear cited 13-OMD-186, which held that a city
violated the Act when meetings were at the home of the mayor. He found that the
mayor’s home is not convenient to the public, as required by statute, and that
the city violated the act.
The city argued that because there were no other locations
within the city’s boundaries, it was appropriate to use a personal residence,
citing a previous attorney general opinion that held meetings much be
within their jurisdiction.
The Attorney General's Office responded that
the cited opinion was subsequently overruled by the Kenton Circuit Court, that
meetings could take place outside jurisdiction depending on the necessity of
the situation.
Beshear therefore rejected that argument from the city,
stating that it may move meetings outside of the jurisdiction to a place near
that would be convenient to the public.
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