GUIDELINES FOR COMPLYING WITH THE KENTUCKY OPEN MEETINGS ACT

Departmental faculty meetings are subject to the provisions of the Kentucky Open Meetings Act. Department chairs must comply with the Open Meetings legislation by following the guidelines below:

1. Each department shall provide for a schedule of regular departmental faculty meetings, specifying time and place.
2. Put in writing to all departmental faculty all notices and agenda for special or called departmental meetings. The written notice (a memo in faculty mailboxes or email message will suffice) must be given at least 24 hours prior to the meeting time. For special meetings, discussions and action at the meeting shall be limited to items listed on the agenda.
3. Post in a conspicuous spot outside the chair's office or in the department office an announcement of the regular meeting schedule and notices and agenda for special or called departmental meetings. The posting must be done at least 24 hours prior to the meeting time.
4. Chairs are under no obligation to notify the media of scheduled meetings unless they have received a specific request from a news organization.
5. When the meeting turns to specific personnel matters dealing with an individual case(s) (promotion, tenure, dismissal, appointment renewal, etc.), faculty may go into "executive" or "closed" session. The steps outlined below must be followed before the meeting is closed. This procedure should be followed even if no members of the public are in attendance at the meeting:
   • Announce in the meeting [this wording is required by statute]
   • Entertain a motion to go into executive session for the purpose of discussing personnel matters pursuant to KRS 61.810(1)(f).
   • Secure a motion and its second; take a hand vote; confirm that a simple majority has voted in favor of the motion; record compliance with these measures in the minutes.
   • Announce that the meeting will go into executive session and ask the public to leave.
   • If a faculty member to be discussed is present at the meeting, ask him or her to leave for that portion of the executive session during which his or her case is considered.
   • No action may be taken (i.e., a formal vote) on any matter while in executive session; rather, use the executive session solely for the purpose of having vigorous and candid discussion about the strengths and weaknesses of a candidate.
   • Minutes or summaries of executive sessions are not required; indeed, as regards the conduct of executive sessions, the minutes should not show information which would defeat the purpose of holding a closed session.