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Attorney General Rules Fayette School Board Violated Open Meetings Law, Upholds Closed Session on Liggins

Josh James/WUKY

The Kentucky Attorney General's Office has ruled that the Fayette County Board of Education violated the state's Open Meetings Act during its June 10 special meeting by failing to adequately explain why it was entering a closed session before voting to place Superintendent Dr. Demetrus Liggins on administrative leave, however, actions taken by the board were legal.

In a ruling issued Wednesday, Attorney General Russell Coleman concluded that the board did not provide the level of detail required under Kentucky law before convening a nearly three-hour executive session. While the board cited personnel matters as the reason for closing the meeting, the ruling states that public agencies must specify whether the discussion is likely to involve an appointment, discipline or dismissal of an employee.

"The Board violated the Open Meetings Act when it failed to provide sufficiently detailed notice of its reason for entering closed session on June 10," the attorney general's office wrote in its decision.

Despite the procedural violation, Coleman determined that the board was legally permitted to hold the closed session under Kentucky law and did not violate the Open Meetings Act by reaching a consensus during the executive session. The ruling also declined a request to invalidate the board's actions, noting that only a court, not the Attorney General's Office, has the authority to void decisions made by a public agency.

The decision stems from an appeal filed by Liggins, who argued that the board improperly conducted the closed session and should be required to reverse its decision to place him on leave.

Board Chair Tyler Murphy welcomed the ruling, emphasizing that the attorney general upheld the board's authority to meet in closed session.

"While the Attorney General did not agree with the wording of the notice the Board gave before it entered closed session, the Board is pleased the Attorney General upheld the Board's use of closed session," Murphy said in a statement. "The Board is also pleased the Attorney General declined the request to void the Board's actions."

The June 10 meeting followed an email Liggins sent to Murphy on June 9 requesting that the board discuss a potential separation agreement. After the meeting, the district announced that Liggins was resigning, a characterization that Liggins later disputed.

During the same meeting, the board appointed Dr. Bill Bradford as acting superintendent.