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§ 37.05 MEETINGS OPEN TO THE PUBLIC.
   (A) All meetings of a quorum of the members of any public agency at which any public business is discussed or at which any action is taken by the agency, shall be public meetings, open to the public at all times, except for the following:
      (1)   Deliberations on the future acquisition or sale of real property by a public agency, but only when publicity would be likely to affect the value of a specific piece of property to be acquired for public use or sold by a public agency;
      (2)   Discussions of proposed or pending litigation against or on behalf of the public agency;
      (3)   Collective bargaining negotiations between public employers and their employees or their representatives;
      (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)
§ 37.06 REQUIREMENTS FOR CLOSED SESSIONS.
   (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)
§ 37.07 PUBLIC MEETING SCHEDULES.
   All meetings of a public agency shall be held at specified times and places which are convenient to the public, and all public agencies shall provide for a schedule of regular meetings by ordinance, order, resolution, by laws or by whatever other means may be required for the conduct of business of the public agency. The schedule of regular meetings shall be made available to the public.
(KRS 61.820)
§ 37.08 SPECIAL MEETINGS.
   (A)   Except as provided by division (F) of this section, special meetings shall be held in accordance with the provisions of divisions (B)(C) and (D) of this section.
   (B)   The presiding officer or a majority of the members of the public agency may call a special meeting;
   (C)   The public agency shall provide written notice of the special meeting containing the date, time, 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.
   (D)   (1) As soon as possible, written notice shall be delivered personally, transmitted by facsimile, 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 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.
      (2)   A public agency may satisfy the requirements of division (1) of this section 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.
   (E)   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 posted at least twenty-four (24) hours before the special meeting.
   (F)   In the case of an emergency which prevents compliance with the notice requirements in this section, this subsection shall govern a public agency's conduct of a special meeting. The special meeting shall be called pursuant to division (A)(1) 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 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 the notice requirements of this section. These comments shall appear in the minutes. Discussion and action at the emergency meeting shall be limited to the emergency for which the meeting is called.
(KRS 61.823)
§ 37.09 VIDEO TELECONFERENCES.
   (A)   A public agency may conduct any meeting through video teleconference.
   (B)   Notice of a video teleconference meeting shall:
      (1)   Comply with the requirements of KRS 61.820 or 61.823 as appropriate;
      (2)   Clearly state that the meeting will be a video teleconference; and
      (3)   Provide specific information on how any member of the public or media organization may view the meeting electronically; and
      (4)   In any case where the public agency has elected to provide a physical location, or in any circumstance where two or more members of the public agency are attending a video teleconference meeting from the same physical location, precisely identify a primary physical location of the video teleconference where all members can be seen and heard and the public may attend in accordance with KRS 61.840.
   (C)   The same procedure with regard to participation, distribution of materials, and other matters shall apply in all video teleconference locations. Members of the public agency who participate in a video teleconference shall remain visible on camera at all times that business is being discussed.
   (D)   Any interruption in the video or audio broadcast of a video teleconference at any location shall result in the suspension of the video teleconference until the broadcast is restored.
   (E)   If a regular meeting is changed to a video conference, the meeting shall remain a regular meeting if the meeting occurs on the same date and time as originally scheduled and the public agency follows the provisions of KRS 61.823(4) to provide a notice that meets the requirements of divisions (B)(2) through (B)(4) of this section.
(KRS 61.826)
§ 37.10 ENFORCEMENT.
   The provisions of this Chapter shall be enforced pursuant to KRS 61.846 and 61.848 for enforcing KRS 61.805 to 61.850.