KRS Rules on Public Attendance at Fiscal Court Meetings
Kentucky’s Open Meetings Act (KRS 61.805–61.850) governs public access to fiscal court meetings. The law is extremely explicit: public meetings must be open, accessible, and free from attendance restrictions, except for the narrow exceptions allowed by statute.
Below is a concise breakdown of the key rules that apply to fiscal courts.
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1. Public Has the Right to Attend
- All meetings of a fiscal court are open to the public, unless the meeting falls under one of the 13 narrow exceptions in KRS 61.810 (executive sessions).
- The law states that “no conditions may be put on attendance of public meetings.”
- This means no sign‑in requirements, no residency requirements, no limits on who may attend, and no selective exclusion.
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2. Meetings Must Be Accessible
- Meetings must be held at a time and place convenient for the public to attend.
- They must occur within the jurisdiction of the governmental body (i.e., within the county for fiscal courts).
- Adequate advance notice of the meeting’s time and place is required.
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3. Public Policy Must Be Formed in Public
- The Open Meetings Act’s purpose is to ensure that public business is not conducted in secret.
- Kentucky courts have held that failure to follow the Act violates the public good.
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4. Restrictions on Attendance Are Illegal
Under KRS 61.805–61.850, fiscal courts cannot:
- Limit attendance to a certain number of people (unless the room has a fire‑code capacity, and even then they must provide overflow access)
- Require people to state their name, address, or purpose
- Remove attendees unless they are causing a material disruption
- Block recording, photography, or livestreaming (as long as it is not disruptive)
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5. Actions Taken in Violation Can Be Voided
- KRS 61.848 allows courts to void actions taken in violation of the Open Meetings Act.
- A 2025 bill (HB 318) further strengthened this by expanding the conditions under which actions may be voided if attendance rules or teleconferencing rules were violated.
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6. Fiscal Court Structure (Context)
KRS Chapter 67 outlines fiscal court composition and procedures, but the open‑meeting req
uirements still apply to all sessions.
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