KY House committee broke open meetings law but attorney general can’t rule on procedural question
Republished from Kentucky Lantern
Kentucky Attorney General Russell Coleman’s office has ruled that a House committee violated the state open meetings law but the attorney general does not have the authority to determine if the committee also violated legislative procedures.
The opinion is a response to an open meetings complaint filed by James Orlick, a graduate student at the University of Louisville, who opposed a bill ending diversity, equity and inclusion in Kentucky higher education. Orlick, who presented his complaint to House Speaker David Osborne and committee chair Rep. James Tipton, questioned the legality of a vote on a title amendment to House Bill 4.
At the end of a contentious committee meeting on March 4, Tipton, a Taylorsville Republican, adjourned the House Committee on Postsecondary Education before it had taken the necessary procedural step of approving a title amendment to the measure. Tipton called for the dispersing lawmakers to vote on the title amendment, which they did. Title amendments are required to ensure the title of a bill approved by a committee accurately reflects the contents of the legislation.
The attorney general’s opinion released Wednesday said the committee violated the open meetings law by not responding to Orlick’s complaint within three business days as required by state law. Orlick took the issue to the attorney general’s office after not receiving a response.
“In this appeal, the Appellant (Orlick) asks the Office to determine whether the Committee may reconvene a meeting — immediately after the chairman announced the meeting was adjourned — to complete the Committee’s business it inadvertently had not finished,” the opinion said. “Thus, in effect, the Appellant asks the Office to determine the legality of the procedures used by a standing committee of the General Assembly. This the Office cannot do.”
The opinion also says that if the Attorney General did have jurisdiction over the matter, its ruling would be moot as the title amendment was later added during the legislative process. The Senate added the title amendment when it debated the bill.
The General Assembly ultimately put HB 4 into law after overriding a veto from Democratic Gov. Andy Beshear.
Attorney general opinions do carry the weight of law and can be appealed to the appropriate circuit court. Orlick told the Kentucky Lantern Wednesday afternoon that he was considering other legal options.
Orlick said he feels “some relief” that the opinion noted the legislature violated the open meetings law, but was concerned about the office’s opinion that it lacked jurisdiction over the matter.
“I think this is a very interesting and concerning issue that now the attorney general is saying that (he) doesn’t have jurisdiction,” he said. “So who’s going to hold them accountable? Just trust the Kentucky legislature to police themselves and they violate laws? I think this is a dangerous and a slippery slope for any kind of democracy, even on the state level, too.”
Laura Leigh Goins, a spokesperson for the House Republican Caucus, said in a statement “the committee failed to adopt a title amendment, but afterward recognized that its attempt to fix the oversight did not comply with its rules.” Thus, the Senate added the title amendment, which was adopted by both chambers, “ensuring that it was done in compliance with the legislative rules and the Open Meetings Act.”
“Ultimately, as the opinion recognizes, the issue was identified early by lawmakers and staff and addressed immediately with an appropriate remedy,” she said. “The Speaker’s Office is taking additional steps to ensure members, particularly committee chairs and vice chairs, avoid similar situations in the future.”
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