Advocate: Suspended FCPS superintendent could face court battle to reclaim job

Fayette County Public Schools Superintendent Demetrus Liggins’ efforts to get his paid leave voided and return to work could be tied up in court several months — and that’s if it goes no further than circuit court, according to a former Kentucky assistant attorney general.

In an appeal to Kentucky Attorney General Russell Coleman Tuesday, Liggins’ attorney Amos Jones said asked Coleman’s office to rule against the Fayette County Board of Education and void the board’s June 10 special-called meeting in which the school board put Liggins on paid leave. Liggins and Jones believe the school board violated open meeting law because it held much of the meeting in closed session.

Liggins and Jones previously asked the school board to reinstate Liggins on its own. On June 24, the school board rejected that request and insisted it did not violate state open meetings law.

“The Board should be found in violation of (state law) because it is in violation of the statute. The Attorney General should require the Board to reverse its June 24 position, acknowledge the violation, rescind the actions derivative of the illegal closed session, and begin anew in public if it wishes to consider any lawful action concerning Dr. Liggins,” the appeal said.

Amye Bensenhaver, served as an assistant attorney general for 25 years, focusing exclusively on open meetings and open records disputes, told the Herald-Leader Tuesday that “Liggins and his attorney misunderstand the role of the Kentucky Attorney General in open meetings appeals.”

Bensenhaver now serves as co-director of the Kentucky Open Government Coalition, a non-profit, non-partisan advocacy group that she said expands public awareness and understanding of open meetings and records.

“By law, the Attorney General is restricted to reviewing the appeal and issuing a decision stating whether the board violated the open meetings law,” Bensenhaver said. “He cannot impose discipline or void the action that results from a substantiated violation of the open meetings law.”

Bensenhaver said she does believe the school board violated the open meetings law. But “only the appropriate circuit court can void an action that resulted from a violation of the open meetings law,” not the attorney general, she said.

“The AG review is a speedy 10 business days,” Bensenhaver said. “But if he prevails on the open meetings issues, the matter could still be tied up in court for years — certainly several months — and that’s if it goes no further than circuit court.”

Jones said he was “gratified” that Bensenhaver agrees that the school board violated open meetings law, but he says he and Liggins have “properly requested” all other relief authorized by state law.

“Obviously, the Open Government Coalition is for open meetings and for following the statutes, and so are we. We are glad that their public work and current witness validate the request to issue a decision stating whether the law was violated,” Jones said.