You’re probably aware that local governments hold regular meetings. Maybe you’ve even attended one. But what is a special meeting, and how are they different from other meetings?
Regular meetings are routine. They occur on the same days and times, and notice is given to the public about the meeting and what will be on the agenda as required by the Kentucky Open Meetings Act.
For example, Campbell County Fiscal Court Meetings are held on the first and third Wednesdays of the month. The location alternates between the Campbell County Administration Building with a start time of 5:30 p.m. and the Alexandria Courthouse with a start time of 7 p.m.
Special meetings deal with business items that cannot be put off until the next regularly scheduled meeting. According to the Kentucky Open Meetings Act, a presiding officer or the majority of court members can call a special meeting.
Written notice of the date, time, place, and agenda are required 24 hours in advance. The written notice can be done via email, newspaper, or in person. It is also announced on the county or city’s website, but a web notice does not satisfy the requirements of a written notice by itself. A written notice must also be posted at the location of the meeting.
Special meeting notices must include specific agenda topics, unlike regular meetings. The agenda cannot simply list “new business” or “old business.” Also, unlike a regular meeting, special meeting discussions and actions are limited to items listed on the agenda.
Special meetings are open to the public like regular meetings. Under the Kentucky Open Meetings Act, any meeting where public business is discussed or action is taken must be open to the public unless an exemption applies.
An example of a special meeting was the one the Campbell County Fiscal Court held Thursday, June 30 at 10 a.m. to adopt their 2022-2023 fiscal year budget.
Dave Slater submitted an emailed comment to be read at the special meeting questioning why the court held a special meeting for the budget approval.
“Why have a special meeting for this agenda? The items for the budget and for spending should be done at a regular meeting when people can be there,” Slater said via email. “Unless the reason for doing it this way is because something is being done that people would most certainly object to. Seems underhanded for this to be done this way.”
Campbell County Judge/Executive Steve Pendery said there was a good reason for doing it the way they chose.
“There are good reasons to do it this way, of course, including the fact that it’s the last possible day of the year to make all of the changes and notifications that we have to get made,” Pendery said at the meeting. “We have a little bit of trouble with the state sometimes in approving some of the filings and reports that we make at year-end. That puts us off stride. If you don’t have the approvals, you can’t approve things. We’ve given due notice, everybody’s free to be here, and we do it every year.”
Campbell County Administrator Matt Elberfeld said the budget was presented at the regularly scheduled meeting on May 18, and the court had made no changes since that first reading. The budget is also on the county’s website.
“The reason this didn’t happen at the last regular meeting is timing issues with getting it approved from the state, advertising it in the newspaper,” Elberfeld said.
The court can approve budgets at regularly scheduled meetings. In this case, a special meeting was requested because it was the last day of the fiscal year (June 30) and the county needed the budget approved by the first day of the new fiscal year, July 1.
Executive session or a closed meeting is another type of meeting that differs from a regular meeting. Executive session is limited to city or county officials and is not open to the public.
A notice of the general nature of business that will be discussed and the reason for the closed session is to be made available to the public. There must also be a motion made and carried in an open session, in order to move to executive session.
Executive sessions are acceptable according to The Kentucky Open Meetings Act when:
- A public agency is discussing a sale or acquirement of a piece of property and public discussion could affect the value of the property (acquired for public use or sold by the agency)
- Discussion of proposed or pending litigation against the court
- Discussion or hearings that could lead to an appointment, discipline, or dismissal of an employee, member, etc.
