Tapke, 090619 KYAGO, AGO OAG 19-15

• Case Date: September 06, 2019
• Court: Kentucky

Hon. Stacy Tapke, Kenton County Attorney AGO OAG 19-15 No. OAG 19-015 Kentucky Attorney General Opinion Commonwealth of Kentucky Office of the Attorney General September 6, 2019          Subject: Whether KRS 61.823(4)(c) allows notice of meetings by electronic screens rather than on paper so long as the notice is conspicuously posted where and when required          Requested by: Hon. Stacy Tapke, Kenton County Attorney          Written by: Sarah Ellen Eads Adkins, Assistant Attorney General          Syllabus: Notice of a meeting posted on an electronic screen is consistent with KRS 61.823(4)(c).          Statutes construed: KRS 61.823; KRS 61.800; KRS 44.001; KRS 42.001; KRS 45.0005; KRS 43.010; KRS 45A.030; KRS 41.010; KRS 48.010          OAGs cited: 15-OMD-057           OPINION OF THE ATTORNEY GENERAL          Stacy Tapke, Kenton County Attorney, has requested an opinion of this office to address whether KRS 61.823 (4) (c) allows notice of meetings by electronic means or interactive display screens rather than on paper so long as the notice is conspicuously posted where and when required. We find that notice of a meeting posted on an electronic screen is consistent with KRS 61.823(4)(c).          The General Assembly stated the purpose of the Open Meetings Act as follows: "the formation of public policy is public business and shall not be conducted in secret." KRS 61.800. See also Carter v. Smith, 366 S.W.3d 414,419 (Ky. 2012). As part of the Open Meetings Act, KRS 61.823 governs requirements for special and emergency meetings. KRS 61.823(4) specifically requires agencies to provide notice to certain parties.. Relevant here, KRS 61.823(4)(c) holds:

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.

         Our office has found that compliance is required to the "strict letter of...