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Deckard files appeal with attorney general in response to board denial

Lexington, Ky., attorney Jim Deckard is awaiting the opinion of the Office of the Attorney General on a special meeting held by the Board of Regents.

Board Chair Constantine Curris said five or six regents met at the home of regent Sharon Green, where they drank wine and discussed University business.

The social event occured the night before the March 15 meeting, where the board voted 7-4 not to renew President Randy Dunn’s contract.

Deckard originally filed a complaint against the Board of Regents, stating the meeting violated the Kentucky’s open meetings law. In the complaint, Deckard asked the board to address what was discussed and revote on Dunn’s contract.

One week later, on March 28, Curris responded to Deckard, denying his request. He did agree, however, to address what was discussed at the next board meeting.

Since Curris denied Deckard’s request, the attorney filed a complaint with the OAG Monday. View Deckard’s letter here: Letter to AG 4.1.13.

Deckard said the OAG will determine whether the secret meeting of a quarum was a violation of law. From there, the opinion will be sent to both the board and Deckard.

The Kentucky Open Records and Open Meetings Act states:

The Open Meetings Act also prohibits any series of less than quorum
meetings, where the members attending one or more of the meetings collectively
constitute at least a quorum of the members of the agency, if the meetings are
held to avoid the requirements of the Act. This prohibition does not prohibit
discussions between individual members if the purpose of the discussion is to
educate the members on specific issues.

“Then, in (Calloway County) Circuit Court, Dr. Curris and others will testify under oath as to what was discussed in private,” Deckard said. “I expect other board members who weren’t invited to Green’s home will testify as to how that impacted the public meeting.

If the quorum is found to be in violation of the law, the court may void any act of the March 15 meeting discussed in private the night before.

Staff Report