(Source: The Times-Tribune)

By Carl Keith Greene, The Times-Tribune, Corbin, Ky.
Oct. 20--An opinion by the Kentucky's Attorney General's (AG) office last week determined that the Laurel County Fiscal Court violated open meetings laws when it went into closed, executive session to discuss personnel problems at the Laurel County Jail.
Gary Wayne Hall Jr. complained to the AG about the court's actions during its Aug. 27 meeting.
Hall's complaint was based on a newspaper story about a pair of letters sent to the court by Jailer Jack Sizemore. The letters commented on personnel problems at the jail and sought relief or at least help from the fiscal court.
The letters were given to at least two journalists by magistrates before the session began. In them, Sizemore asked for advice on how to handle overtime when other employees are out for sickness, injuries or vacations, and more staff cannot be hired due to a "hiring cap" instituted by the fiscal court. He also asks about how to handle on-call pay for jail employees and complains that "the fiscal court has been notified repeatedly of my concerns for safety of the facility staff and the inmate population within this outdated and inadequate aging facility."
The AG's decision said, "although this office makes no finding with regard to the letters upon which Mr. Hall partially relied, given that no such letters were included as part of the record, his position is otherwise valid."
It continues that, "A public agency's authority to go into a closed session relative to personnel matters is severely restricted. General personnel matters cannot be discussed in a closed session. The only personnel matters which can be discussed in a closed session by a public agency are those which might lead to the appointment, discipline or dismissal of personnel of that particular agency."
Prior to going into closed session, the agency must announce during the open part of the meeting the general nature of the business to be discussed and the reason for the closed session.
The public has no need to be told the name of the specific person being discussed, but should be told the general nature of the discussion, "which would be that it involves either a possible appointment, a possible dismissal or a possible disciplinary matter related to a specific unnamed person or persons."
Laurel County Judge-Executive Lawrence Kuhl said Monday that Laurel County Attorney Elmer Cunnagin will comment on the AG decision at Thursday's fiscal court meeting.
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