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Summary of the 2017 Attorney General Opinions
Posted on July 11, 2017 by Chris Johnson in Elected Office
Summary of the 2017 Attorney General Opinions
 
The KLC Member Legal Services Team has compiled a summary of the attorney general opinions through the first half of the year.  This report also has every opinion on open meetings and open records issued so far in 2017. Go here to view the summary.
 
A few of these opinions will be of great interest to our cities.  OAG 17-009 found that Frankfort had a valid public purpose in making an appropriation to the local school system in order to expand internet access throughout the city.  OAG 17-013 stated that the Kentucky Manufactured Home, Mobile Home, and Recreational Vehicle Community Act of 2002, and its regulations, do not prevent local zoning requirements that are more strict than the Act.  OAG 17-002 clarifies the removal authority rests with the city legislative body as to the Little TVA Board.
 
The open meetings and open records decisions are valuable because they can give you a snapshot as to how the attorney general’s office is currently viewing the legal requirements of the statutes.
 
Please share this with your city attorney and anyone in your city with open record and open meeting responsibilities.
 
If you want a copy of any of these opinions, contact KLC Member Legal Services Attorney Chris Johnson at 859-977-3709. 
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Municipal Road Aid Reminder
Posted on May 11, 2017 by Chris Johnson in Budgets and Finance

Municipal Road Aid Reminder

We are entering budget season and the KLC Legal Team would like to take this opportunity to remind our cities that they need to have a public hearing to get public input on road and bridge projects before spending municipal road aid funds.  KRS 174.100(1).  A lot of our cities have found that a good time to conduct this hearing is during the overall budget process.

Notice for the hearing must be given at least seven, and not more than twenty-one days before the hearing and before beginning work on any projects using road aid funds.  KRS 174.100(1).  At the hearing, any person may speak about any proposed project, any project that they wish to propose, project prioritization, and any other matter related to road or bridge projects in the city.  KRS 174.100(2).  The city is not bound by the testimony heard, but the city must give the testimony due consideration.  KRS 174.100(3).

A single hearing encompassing the entire road and bridge program of the city meets the statutory requirement.  Thus, your city might consider having this hearing as part of the overall budget process.  KRS 174.100(5).  In the alternative, it is also proper to have the public road aid fund hearings throughout the year as the need to expend the funds arise.

If you have any additional questions, please contact the KLC Legal Team at 800.876.4552.

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Summary of AG opinions, Open Records, and Open Meetings 2017 First Quarter Decisions
Posted on April 3, 2017 by Chris Johnson in Open Meetings/Open Records

ATTENTION CITY ATTORNEYS AND OFFICIALS:

The KLC Legal Team has compiled summaries of all of the Kentucky Attorney General Opinions, including Open Records and Open Meetings, for the first quarter of the year.

As always, we are striving to provide the most timely and helpful legal information for our cities.

Please see this link for the current summary.

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Budget Deadline Reminders
Posted on March 15, 2017 by Chris Johnson in Budgets and Finance

Budget season is upon us yet again and KLC Legal would like to take the opportunity to remind you of some important dates and requirements.

The proposed budget must be submitted by the executive authority, together with a budget message, to the legislative body no later than Thursday, June 1, 2017.  The executive authority is the mayor in mayor-council and mayor-alderman cities.  In commission cities, the executive authority is the commission.

The budget message is required by KRS 91A.030(7) to explain:

1)  The revenue raising and expenditure goals fixed by the budget for the upcoming fiscal year.

2)  Important features of activities anticipated in the budget.

3)  The reasons for significant changes in program goals and appropriations levels from the previous year.

4)  Any major changes in financial policy.

Saturday, July 1, 2017 is the start of the fiscal year and the deadline for our cities to enact their budgets.

If you have any questions, please contact KLC Legal at 1.800.876.4552.

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Employee Applications and Open Records Law
Posted on January 24, 2017 by Chris Johnson in Open Meetings/Open Records

Employee Applications and Open Records Law

Our cities are presented every day with requests under the Kentucky Open Records Act (KRS 61.870 to 61.884).  But just like fashion, the types of requests our cities receive seem to go in and out of style.

The KLC Legal Team noticed recently that there was a large uptick in open records requests pertaining to police officer employment applications.  We thought this would be a good time for a quick review on city employee applications, as a whole, and how police officer applications slightly differ under the Kentucky Open Records Act and KRS 15.400.

As an initial step, it is wise to remember that there is a statutory exemption for public records containing information of a personal nature where public disclosure would constitute a clearly unwarranted invasion of privacy.  KRS 61.878(1)(a).

So what type of information is of a personal nature when it comes to a city employee's employment application?

In 1993, the Kentucky Attorney General issued an opinion regarding a citizen's request for, among other information, the employment applications and salary history for all city employees.

The Attorney General found the employment applications and salary records to be public records that must be made available for inspection upon request, but held that information “of a purely personal character, including the employee’s home address, social security number, marital status, and medical information” could be redacted.  The AG reasoned that “the public has a right to know about that which is related to the governmental employee’s public and work related activities,” including name, position, work station and salary.  93-ORD-2. 

It is worth noting that the information of a purely personal character in 93-ORD-2 is NOT exhaustive.  State law, court opinions, and other Attorney General opinions often identify other personal information that is exempt from disclosure.  Specifically regarding the privacy interests of peace officers, KRS 15.400(3) states, "[t]he Open Records Act notwithstanding, the person's home address, telephone number, date of birth, Social Security number, background investigation, medical examination, psychological examination, and polygraph examination conducted for any person seeking certification pursuant to KRS 15.380 to 15.404 shall not be subject to disclosure."

So in responding to an open records request for a police officer's employment application, it is paramount for the city official responding to keep these exempt items of personal information in mind for redaction purposes.  The city, as with any open records request, should also explore if any of the other statutory exemptions allowable under KRS 61.878(1) may also apply.

As always, if you have any questions on this or any other open records requests, please contact the KLC Legal Team at 800.876.4552.

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SB 13 Chart - Reference for Cities as They Amend or Adopt Ordinances to Comply
Posted on December 12, 2016 by Chris Johnson in Alcohol Beverage Control

SB 13 Changes To Alcohol Statutes Now In Effect!

The extensive changes to the alcohol beverage control laws enacted by SB 13 in the 2013 regular legislative session are now in effect, and cities should be working towards updating their ordinances to comply with the new requirements.  To help you navigate the new statute changes, KLC has created a chart designed to serve as a basic reference for cities as they amend or adopt ordinances and regulations to comply with SB 13.  The chart lists, in numerical order, the statutes affected by SB 13.

You can use the chart to locate the previous statute number, the action taken by SB 13 regarding that statute, the most applicable section of SB 13, and the new statutory reference numbers, if any.  You will notice that several repealed statutes reference the notes following the chart, which provide clarification and multiple new statute references.  Newly enacted statutes are also located in the chart, in numerical order.  If a statute is not listed on the chart, it was not affected by SB 13 and the language remains the same.

The chart and accompanying notes are intended to assist you with the ABC transitions necessitated by SB 13. If your ordinance and forms reference old statute numbers that were affected by SB 13, you will find them in the chart.  Keep in mind that in addition to a statutory citation, the language in your ordinances will need to be updated to comply with any statutory amendments, repeals, or enactments associated with the old statute numbers.  Additionally, at times city ordinances do not reference statute numbers, but still need to be altered.  Please review your ordinances carefully with your city attorney, utilizing both this chart and the SB 13 Fact Sheet and Informational Guide provided by the state ABC, as you make changes to your ordinances and forms.

You can access the chart at SB 13 Statute Reference Chart.  Contact the KLC Member Legal Services Department with any questions.

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