Title VIII, Offices and Officers

violation occurred. The office or candidacy of any person required by KRS 61.710 to 61.780 to file a report who fails to file the report required by KRS 61.710 to 61.780 within thirty (30) days after receipt of the registry's notice of noncompliance provided in KRS 61.750 or will…

Nothing contained in KRS 61.710 to 61.780 shall be construed so as to cause any person to violate the provisions of KRS 421.210.

As used in KRS 61.791 to 61.799: (1) "Nonprofit organization" means an organization that: (a) Is exempt from federal income tax under Section 501(c) of the Internal Revenue Code; (b) Has submitted an application with the Internal Revenue Service for recognition of an exemption un…

(1) Notwithstanding any law to the contrary, and subject to the exemptions described in KRS 61.795, a public agency shall not: (a) Require any individual or nonprofit organization to provide the public agency with personal information or otherwise compel the release of personal i…

(1) KRS 61.791 to 61.799 shall not preclude: (a) Any report related to campaign financing required by: 1. KRS 121.140; 2. KRS 121.150; 3. KRS 121.160; 4. KRS 121.170; 5. KRS 121.172; 6. KRS 121.180; 7. KRS 121.210; or 8. KRS 121.230; (b) A response to any lawful warrant for perso…

(1) A person alleging a violation of KRS 61.791 to 61.799 may bring a civil action for appropriate injunctive relief, damages, or both. Damages awarded under this section may include one (1) of the following, as appropriate: (a) A sum of money that reflects the actual damages cau…

If any provision of KRS 61.791 to 61.799 or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of KRS 61.791 to 61.799 that can be given effect without the invalid provision or application, and t…

information of judicial officers and immediate family -- Civil action. (1) As used in this section: (a) "Covered person" means a judicial officer or an immediate family member of a judicial officer; (b) "Disclose" means to post, display, publish, or otherwise make publicly availa…

The General Assembly finds and declares that the basic policy of KRS 61.805 to 61.850 is that the formation of public policy is public business and shall not be conducted in secret and the exceptions provided for by KRS 61.810 or otherwise provided for by law shall be strictly co…

As used in KRS 61.805 to 61.850, unless the context otherwise requires: (1) "Meeting" means all gatherings of every kind, including video teleconferences, regardless of where the meeting is held, and whether regular or special and informational or casual gatherings held in antici…

(1) All meetings of a quorum of the members of any public agency at which any public business is discussed or at which any action is taken by the agency, shall be public meetings, open to the public at all times, except for the following: (a) Deliberations for decisions of the Ke…

(1) Except as provided in subsection (2) of this section, the following requirements shall be met as a condition for conducting closed sessions authorized by KRS 61.810: (a) Notice shall be given in regular open meeting of the general nature of the business to be discussed in clo…

(1) All meetings of all public agencies of this state, and any committees or subcommittees thereof, shall be held at specified times and places which are convenient to the public. In considering locations for public meetings, the agency shall evaluate space requirements, seating …

(1) Except as provided in subsection (5) of this section, special meetings shall be held in accordance with the provisions of subsections (2), (3), and (4) of this section. (2) The presiding officer or a majority of the members of the public agency may call a special meeting. (3)…

(1) A public agency may conduct any meeting through video teleconference. (2) Notice of a video teleconference meeting shall: (a) Comply with the requirements of KRS 61.820 or 61.823 as appropriate; (b) Clearly state that the meeting will be a video teleconference; (c) Provide sp…

The minutes of action taken at every meeting of any such public agency, setting forth an accurate record of votes and actions at such meetings, shall be promptly recorded and such records shall be open to public inspection at reasonable times no later than immediately following t…

No condition other than those required for the maintenance of order shall apply to the attendance of any member of the public at any meeting of a public agency. No person may be required to identify himself in order to attend any such meeting. All agencies shall provide meeting r…

(1) If a person enforces KRS 61.805 to 61.850 pursuant to this section, he shall begin enforcement under this subsection before proceeding to enforcement under subsection (2) of this section. The person shall submit a written complaint to the presiding officer of the public agenc…

Attorney General's decision -- Voidability of action not substantially complying -- Awards in willful violation actions. (1) The Circuit Court of the county where the public agency has its principal place of business or where the alleged violation occurred shall have jurisdiction…

KRS 61.805 to 61.850 shall not be construed as repealing any of the laws of the Commonwealth relating to meetings but shall be held and construed as ancillary and supplemental thereto.

As used in KRS 61.870 to 61.884, unless the context requires otherwise: (1) "Public agency" means: (a) Every state or local government officer; (b) Every state or local government department, division, bureau, board, commission, and authority; (c) Every state or local legislative…

61.878. The General Assembly finds and declares that the basic policy of KRS 61.870 to 61.884 is that free and open examination of public records is in the public interest and the exceptions provided for by KRS 61.878 or otherwise provided by law shall be strictly construed, even…

The General Assembly finds an essential relationship between the intent of this chapter and that of KRS 171.410 to 171.740, dealing with the management of public records, and of KRS 42.720 to 42.742, 45.253, 171.420, 186A.040, and 186A.285, dealing with the coordination of strate…

-- Limitation. (1) All public records shall be open for inspection by any resident of the Commonwealth, except as otherwise provided by KRS 61.870 to 61.884, and suitable facilities shall be made available by each public agency for the exercise of this right. No resident of the C…

nonexempt public records for commercial purposes -- Online access. (1) Upon inspection, the applicant shall have the right to make abstracts of the public records and memoranda thereof, and to obtain copies of all public records not exempted by the terms of KRS 61.878. When copie…

records. A person who violates subsections (2) to (6) of KRS 61.874 shall be liable to the public agency from which the public records were obtained for damages in the amount of: (1) Three (3) times the amount that would have been charged for the public record if the actual comme…

prohibited -- Conditions -- Right of action -- Damages. (1) A person shall not utilize a booking photograph or a photograph of an inmate taken pursuant to KRS 196.099 originally obtained from a public agency for a commercial purpose if: (a) The photograph will be placed in a publ…

public records. (1) Each public agency shall adopt rules and regulations in conformity with the provisions of KRS 61.870 to 61.884 to provide full access to public records, to protect public records from damage and disorganization, to prevent excessive disruption of its essential…

Restriction of state employees to inspect personnel files prohibited. (1) The following public records are excluded from the application of KRS 61.870 to 61.884 and shall be subject to inspection only upon order of a court of competent jurisdiction, except that no court shall aut…

(1) If a person enforces KRS 61.870 to 61.884 pursuant to this section, he or she shall begin enforcement under this subsection before proceeding to enforcement under subsection (2) of this section. Each public agency, upon any request for records made under KRS 61.870 to 61.884,…

of proof -- Costs -- Attorney fees. (1) The Circuit Court of the county where the public agency has its principal place of business or the Circuit Court of the county where the public record is maintained shall have jurisdiction to enforce the provisions of KRS 61.870 to 61.884, …

Any person shall have access to any public record relating to him or in which he is mentioned by name, upon presentation of appropriate identification, subject to the provisions of KRS 61.878.

Park Commission and the Tennessee Valley Authority. (1) As used in KRS 61.886 to 61.892: (a) "Commission" means the Breaks Interstate Park Commission created in KRS 148.220; and (b) "TVA" means the Tennessee Valley Authority. (2) The Tennessee Valley Authority or the Breaks Inter…

officers meet certain requirements -- Training and equipment expenses. (1) The commissioner of the Department of Parks shall ensure that an employee of the commission that is being recommended by the commission to be appointed and commissioned in accordance with KRS 61.886(3) sha…

(1) (a) Each TVA or commission peace officer appointed and commissioned pursuant to KRS 61.886 to 61.892 throughout every county in the Commonwealth in which TVA or the commission operates or owns or controls property, including leasehold interests: 1. Shall have and exercise the…

When TVA or the commission no longer needs the services of a person appointed and commissioned as a TVA or commission peace officer pursuant to this section, notice to that effect, signed by the general manager of TVA, the chairperson of the commission, or the person having respo…

Each TVA or commission peace officer appointed pursuant to KRS 61.886 to 61.892 shall, before he or she enters upon the discharge of the duties of his or her office, execute bond in the sum of fifty thousand dollars ($50,000), with good security, conditioned upon the faithful per…

The compensation of the TVA peace officers appointed and commissioned pursuant to KRS 61.886 to 61.892 shall be fixed and paid by TVA.

Each TVA peace officer appointed and commissioned pursuant to KRS 61.886 to 61.892 shall, while on duty, wear a badge or shield identifying him as an employee either of the TVA public safety service or of the TVA Land Between the Lakes Protection Section. When acting as a detecti…

The keepers of jails in any county or municipality wherein the violation occurs for which any such arrest is made by a TVA peace officer shall receive all persons arrested by such officers to be dealt with according to law, and persons so arrested shall be received by keepers of …

As used in KRS 61.902 to 61.930: (1) "Commission" means a commission issued to an individual by the secretary of justice and public safety, entitling the individual to perform special law enforcement duties on public property; (2) "Council" means the Kentucky Law Enforcement Coun…

(1) The secretary of the Justice and Public Safety Cabinet may commission special law enforcement officers, for such time as he or she deems necessary, to protect and to enforce the law on public property. (2) Notwithstanding subsection (1) of this section, in the case of a speci…

KRS 61.900 to 61.930 shall be administered by the secretary, or by any agency within the cabinet designated by the secretary and acting under his authority. The secretary shall promulgate and enforce such administrative regulations as may be reasonable and necessary to carry out …

In order to qualify for a commission as a special law enforcement officer under KRS 61.900 to 61.930, an individual must present satisfactory evidence of compliance with the following conditions and requirements: (1) No person shall be eligible for a commission who: (a) Has been …

The following fees shall be required with respect to applications, examinations, and training for commissions: (1) With the initial application, a fee of twenty-five dollars ($25); (2) With application for renewal, a fee of twenty-five dollars ($25); (3) Prior to any written exam…

The secretary shall revoke or suspend the commission of any special law enforcement officer whenever he shall determine: (1) That the commission-holder does not meet, or no longer meets, the requirements and conditions for the commission; or (2) That the commission-holder has kno…