Wednesday, September 11, 2013

County boss calls lawmakers into daily session; weekly paper challenges legality of the call

Have those of you who have covered and watched county governments for a long time ever seen anything like Shannon Brock reports for The Spencer Magnet in Taylorsville, Ky.?

"After receiving criticism for his spending from several magistrates during the Fiscal Court’s regularly scheduled meeting last Wednesday, Judge-Executive Bill Karrer decided to call daily special meetings for the court so that magistrates can have the option of approving all of the county’s expenditures — down to each can of Coca-Cola," Brock reports. "Approximately 15 minutes after the meeting concluded, a notice of a special meeting on Friday at 2 p.m. was emailed to magistrates and The Spencer Magnet."

A file photo of Fiscal Court ran with the story.
Not enough magistrates (technically, justices of the peace) showed up at the meeting to make a quorum. "However, Karrer used the gathering as an opportunity to make a public announcement that he will call a special meeting every work day to approve spending requests from the different departments," Brock writes, quoting Karrer: “We’ll do this every work day and on Saturday and Sunday if I have to to keep the county moving.”

"Another notification for a special meeting on Monday went out Friday afternoon," Brock reports, but she filed a complaint with Karrer, contending that the agenda, “approve county expenditures, purchases, bills and transfers,” wasn't as specific as required by state law and attorney general's opinions, which have the force of law in open-government matters in Kentucky. "The complaint asked that the meeting be canceled until a more specific agenda could be provided or, if the meeting wasn’t canceled, the complaint asked that any action taken at the meeting be nullified and addressed again at a meeting called with proper notice and a specific agenda."

A quorum showed up for the next special meeting, but it broke up after the county attorney said she got the complaint only 15 minutes beforehand and hadn't gotten a call back from the attorney general's office, from which she wanted advice. One of the two magistrates who didn't attend either special meeting said in an email that he wouldn't attend unless the need could be shown. "If this continues I will file and prove ‘abuse of power,’" he said.

"Still, a special meeting notice was distributed Monday for a meeting on Tuesday afternoon," when the Magnet was going to press. The Landmark Community Newspapers weekly puts most news behind a paywall, but www.SpencerMagnet.com offers free access to a limited number of stories with registration. Brock's story offers the sort of precise detail that is needed in such cases, especially when a news outlet is reporting on itself.

UPDATE, Oct. 31: Attorney General Jack Conway ruled that the special-meetings notices were not specific enough to give "fair notice to the public" and thus comply with the state Open Meetings Act.

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