GENERAL
For the purpose of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.
"ACTION TAKEN." 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.
(KRS 61.805(3))
"MEETING." 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.
(KRS 61.805(1))
"MEMBER." A member of the governing body of a public agency. "Member" does not include employees or licensees of the agency.
(KRS 61.805(4))
"PUBLIC AGENCY." Every city government board, commission, and authority; every city council and council board, commission and committee; every school district board, special district board, and municipal corporation; every city 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; 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; any entity when the majority of its governing body is appointed by a "public agency", as defined by this section; a member or employee of a "public agency", a state or local officer, or any combination thereof; 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, or controlled by a "public agency" as defined in this section; an interagency body of two (2) or more public agencies where each "public agency" is defined in this section.
(KRS 61.805(2))
"VIDEO TELECONFERENCE." 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.
(KRS 61.805(5))
PUBLIC MEETING REQUIREMENTS
(4) Discussions or hearings which might lead to the appointment, discipline, or dismissal of an individual employee, member, or student without restricting that employee's, member's or student's right to a public hearing if requested. This exception shall not be interpreted to permit discussion of general personnel matters in secret;
(5) Discussions between a public agency and a representative of a business entity and discussions concerning a specific proposal, if open discussions would jeopardize the siting, retention, expansion, or upgrading of the business;
(6) Local cabinet meetings and executive cabinet meetings;
(7) Deliberations of quasi-judicial bodies regarding individual adjudications or appointments, at which neither the person involved, his representatives, nor any other individual not a member of the agency's governing body or staff is present, but not including any meetings of planning commissions, zoning commissions, or boards of adjustment;
(8) That portion of a meeting devoted to a discussion of a specific public record exempted from disclosure under § 36.12(A)(12). However, that portion of any public agency meeting shall not be closed to a member of the Kentucky General Assembly;
(9) Meetings which federal or state law specifically require to be conducted in privacy;
(10) Meetings which the Constitution provides shall be held in secret;
(11) Meetings of any selection committee, evaluation committee, or other similar group established under KRS Ch. 45A or 56, or other state or local law, to select a successful bidder for award of a state contract.
(B) Any series of less than quorum meetings, where the members attending one or more of the meetings collectively constitute at least a quorum of the members of the public agency and where the meetings are held for the purpose of avoiding the requirements of division (A) of this section, shall be subject to the requirements of division (A) of this section. Nothing in this subsection shall be construed to prohibit discussion between individual members where the purpose of the discussions is to educate the members on specific issues.
(KRS 61.810)
(A) The following requirements shall be met as a condition for conducting closed sessions by those public agencies authorized by § 37.05(A)(1) and (A)(4) except as division (A)(4) relates to students:
(1) Notice shall be given in regular open meetings of the general nature of the business to be discussed in closed session, the reason for the closed session, and the specific provision of § 37.05 authorizing the closed session;
(2) Closed sessions may be held only after a motion is made and carried by a majority vote in open, public session;
(3) No final action may be taken in closed session; and
(4) No matters may be discussed at a closed session other than those publicly announced prior to convening the closed session.
(B) Public agencies and activities identified in § 37.05(A) paragraphs (2), (3), (4), but only so far as division (A)(4) relates to students, (5), (6), (7), (8), (9) and (10) are excluded from the requirements of division (A) of this section.
(KRS 61.815)
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