KY attorney general says he lacks jurisdiction in appeal to Fayette school board

Kentucky Attorney General Russell Coleman lacks jurisdiction to determine whether the Fayette County Board of Education violated a law that is not part of the state’s Open Meetings Act, according to a ruling from the AG’s office issued Monday.

The ruling said Fayette parent Matthew Vied submitted a complaint to the chair of the Fayette County school board alleging it violated the Open Meetings Act by failing to comply with KRS 160.270. That measure requires local boards of education to allow at least 15 minutes of public comment at each regular meeting.

Vied also alleged the school board violated the Open Meetings Act by voting to approve a tax levy at its Aug. 8, 2024, regular planning meeting.

Vied proposed that the board acknowledge that it violated the act by failing to comply with state law and by voting on the tax levy at its Aug. 8 meeting. In response, board officials stated the statute referenced by Vied is not part of the meetings act and members were permitted to vote on the tax measure at a regular meeting., the ruling said.

Vied’s appeal to Coleman’s office followed.

AG officials ruled they didn’t have jurisdiction and couldn’t decide whether the meetings act had been violated.

Fayette School Board Chairman Tyler Murphy said Monday, “The opinion speaks for itself.”

A legislative fix is needed, Vied said.

He told the Herald-Leader Monday: “There was no question as to whether the Board violated KRS 160.270, which requires public comment at all regularly scheduled board meetings.

“In fact, the Board has already acknowledged this and has amended their governance manual to ensure that public comment is allowed at both Planning and Action meetings going forward so that further violations do not occur,” he said.

“My intent with appealing to the attorney general was not to establish that a violation had occurred but rather to determine if KRS 160.270 is a law without a consequence,” he said. “Unfortunately, that appears to be the case.”

Vied added: “In light of that, what is needed is a legislative fix so that school boards cannot violate with impunity a statute that is meant to ensure transparency and accountability.”