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Mon April 1, 2013
Lexington Attorney Files MSU Open Meetings Complaint Appeal with Office of Attorney General
Lexington Attorney Jim Deckard is appealing the denial of his open meetings complaint with the Office of the Kentucky Attorney General. Deckard alleges that the Murray State Board of Regents violated Kentucky's open meetings law when a group of five or six regents attended a social gathering and casually discussed university business. The day following the social gathering the board held its quarterly meeting and, under the guise of other business, voted not to extend President Randy Dunn a new contract.
Deckard sent his appeal to the OAG Monday after he received an initial denial from board Chairman Constantine Curris last week. Curris, through an attorney, agreed to discuss the social gathering at the next public meeting. But, he declined to comply with Deckard's second request which was to declare the votes taken at the board’s March meeting null and void.
The Attorney General has 10 business days to issue an opinion, but the opinion has no bearing on whether or not the board must re-vote. The possible steps Deckard could take following the OAG opinion are below from the Kentucky open meetings law:
The Attorney General will review your appeal and issue a decision stating whether the agency violated the Open Meetings Act within ten business days. Both you and the agency will receive a copy of the decision. You or the public agency may appeal the Attorney General’s decision to the circuit court of the county where the public agency has it principal place of business or where the violation occurred. If an appeal is not filed within thirty days, the Attorney General’s decision has the force and effect of law, and can be enforced in circuit court.