Attorney says council violated sunshine law

Sandra W. Plant

BEREA — City council met Tuesday and heard a legal opinion from City Attorney J.T. Gilbert that the finance committee violated the Kentucky Open Meetings law when it met in executive session with the Lexington accounting firm that conducted the city’s annual financial audit.

Gilbert’s legal opinion was requested by council member Ronnie Terrill, one of three Berea City Council members excluded from a meeting of the finance committee with the city’s audit firm. Terrill, Troy Van Winkle and Jerry Little are not on the finance committee and were asked to leave the meeting.

Gilbert said all council committee meetings are subject to the open meetings law and cannot adjourn to a closed session unless they meet certain specific exceptions.

“I do not believe that an exception is applicable in this case,” Gilbert said.

“So you are saying that this meeting was in violation of the Kentucky Open Meetings Act?” Van Winkle asked.

Gilbert answered, “Yes.”

Glenn Jennings, chair of the finance committee, said, “Let the record read that I have been appropriately admonished.”

After further discussion, consensus was reached that the finance committee chair can meet privately with the auditors before or after an audit to ask if the controls are weak or if there are problems or concerns. Otherwise, the committee cannot go into executive session unless specific exceptions occur such as sensitive personnel issues or discussions of real estate that would possibly affect values if made public prematurely.

After most of the council business was conducted, Mayor Steve Connelly called for an executive session of the council members to discuss what he described as “pending or anticipated litigation.” After 20 minutes in a closed session, normal business resumed and Connelly said no action was taken.

In other business, Connelly opened eight sealed bids for construction of a bridge for the Indian Fort trail project. The bids, ranging from $228,000 to $362,000, were referred to the finance department for evaluation and report.

Connelly asked Tim Taylor, street superintendent for the City of Berea, to stand and be recognized for completing certification as a Road Master through the University of Kentucky College of Engineering, the Kentucky Transportation Center and the Kentucky Transportation Cabinet. Taylor completed 13 training sessions over a two-year period to gain certification that signifies high achievement in the public works field.

Two Madison Southern students came before the council to request support for a teen dance club and a teen center where young people could have a chaperoned place to gather and have fun without drugs or alcohol. Connelly suggested the two students develop a plan of action by talking with other students, teachers and area churches. He asked that they return with a plan after the first of the year for council consideration.

Maggy Kriebel, Berea Parks and Recreation Director, and a group of participants in a Special Olympics basketball program, appeared before council to thank the City of Berea Police Department and the Fire Department for sponsoring a chili supper fundraiser on Nov. 6 for Madison County Special Olympics that raised $2,000 for new uniforms and sports equipment. Plaques of appreciation were presented to the fire chief and the police chief by Cody LaShelle and Ben Taylor.

City Administrator Randy Stone said cable access channel 12 would be carrying information about the city’s leaf pick-up plan that starts Nov. 23. Stone said residential leaf removal would take place on the same schedule as trash pick up so residents should have their leaves ready for pickup on trash pickup day.

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