Friday, February 13, 2026

KRS Rules on Public Attendance at Fiscal Court Meetings

 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.


---


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.


---


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.


---


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. 


---


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)


---


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. 


---


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. 


---

No comments:

Post a Comment