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UNOFFICIAL COPY 26 RS BR 1253
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AN ACT relating to open meetings. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 61.848 is amended to read as follows: 3
(1) The Circuit Court of the county where the public agency has its principal place of 4
business or where the alleged violation occurred shall have jurisdiction to enforce 5
the provisions of KRS 61.805 to 61.850, as they pertain to that public agency, by 6
injunction or other appropriate order on application of any person. 7
(2) A person alleging a violation of the provisions of KRS 61.805 to 61.850 shall not 8
have to exhaust his remedies under KRS 61.846 before filing suit in a Circuit Court. 9
However, he shall file suit within sixty (60) days from his receipt of the written 10
denial referred to in subsections (1) and (2) of KRS 61.846 or, if the public agency 11
refuses to provide a written denial, within sixty (60) days fr om the date the written 12
complaint was submitted to the presiding officer of the public agency. 13
(3) In an appeal of an Attorney General's decision, where the appeal is properly filed 14
pursuant to subsection (4)(a) of KRS 61.846, the court shall determine the matter de 15
novo. 16
(4) Except as otherwise provided by law or rule of court, proceedings arising under this 17
section take precedence on the docket over all other causes and shall be assigned for 18
hearing and trial at the earliest practicable date. 19
(5) Any rule, resolution, regulation, ordinance, or other formal action of a public 20
agency without substantial compliance with the requirements of KRS 61.810, 21
61.815, 61.820,[ and KRS] 61.823, 61.826, 61.835, and 61.840 shall be voidable by 22
a court of competent jurisdiction. 23
(6) Any person who prevails against any agency in any action in the courts regarding a 24
violation of KRS 61.805 to 61.850, where the violation is found to be willful, may 25
be awarded costs, including reasonable attorneys' fees, incurred in co nnection with 26
the legal action. In addition, it shall be within the discretion of the court to award 27
UNOFFICIAL COPY 26 RS BR 1253
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the person an amount not to exceed one hundred dollars ($100) for each instance in 1
which the court finds a violation. Attorneys' fees, costs, and awards un der this 2
subsection shall be paid by the agency responsible for the violation. 3