Editor’s Note: This story has been updated with a response from WKU University Spokesperson Jace Lux.
The Kentucky Attorney General’s Office ruled the WKU Board of Regents did not violate the Open Meetings Act when holding preliminary meetings to discuss the budget, but it did rule that the Board violated the Act when it failed to respond to the Herald’s complaint.
On July 31, the Herald’s legal counsel submitted a complaint to the Board, accusing it of violating the Open Meetings Act when it held a series of “workshops” on June 3 and 4.
The Attorney General’s Office noted a lack of evidence in the Board’s intent to circumvent the act, leading it to rule in favor of the Board.
“When evidence of the members’ intent is lacking, the Office has acknowledged its inability to conclusively determine that the public agency violated KRS 61.810(2),” the Attorney General’s decision said.
The decision stated the Herald had not demonstrated that the meetings were held “for the purpose” of avoiding the Act or that the meetings were not held “to educate the members on specific issues.”
However, the Office did find the Board in violation of the Act when it failed to respond to the Herald’s complaint within three business days, as required in KRS 61.846(1).
“The Board does not deny that it failed to respond to the Appellant’s complaint concerning the April 8, 2024, meeting,” the decision said. “Thus, the Board violated the Act.”
According to the decision, the Board explained that it does not monitor its official email and the complaint should have been directed to WKU’s general counsel or outside counsel. But, under KRS 61.846(2), a complainant must “submit a written complaint to the presiding officer of the public agency suspected of” violating the Act.
“Presumably, neither WKU’s general counsel nor outside counsel is the presiding officer of the Board,” the decision said. “Thus, under the Act, the Appellant was not permitted to initiate its complaint by directing it to WKU’s general counsel or outside counsel.”
“We are pleased that the Attorney General’s office supported the university’s position that the informational budget workshops did not violate the Kentucky Open Meetings Act. As we have explained, those voluntary workshops served to deepen our board’s understanding of a complex, multimillion dollar budget prior to voting on the budget meeting in June,” WKU spokesperson Jace Lux said in an email to the Herald. “The opinion issued by the Attorney General’s Office confirms that neither the board nor the university officials acted inappropriately.”
“As noted in WKU’s response, the complaint was emailed to a regent inbox that is not monitored regularly, and thus the failure to respond within three days was unintentional,” Lux continued. “After receiving notification through other channels that a complaint had been filed several times due to a typo in an email address on the part of the Herald’s legal counsel, the university prepared and submitted a timely response.”
Any party unsatisfied with the decision may appeal in the appropriate circuit court.
News Reporter Cameron Shaw can be reached at [email protected].
