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OAG responds to complaint, rules City of Villa Hills did not violate state Open Meetings Act on May 16


By Mark Hansel
NKyTribune managing editor

The Kentucky Office of the Attorney General (OAG) has determined that the Villa Hills City Council did not violate the state’s Open Meetings act on May 16.

A large and vocal crowd filled the River Ridge Elementary School cafeteria March 6 for a Villa Hills City Council vote on a controversial zone change that would allow development at a site on the St. Walburg Monastery property to move forward. (photos by Mark Hansel)

Villa Hills resident Steve Schletker asserted that the City violated the Act because it failed to provide adequate facilities for public observation of the meeting.

The OAG decision states:

“We find, based on the record, that there is insufficient evidence of a violation of KRS 61.820 or 61.840. Consequently, we are unable to conclude that the City of Villa Hills violated the Open Meetings Act.”

The issue that prompted the request for an opinion from the Attorney General’s Office was a proposed zoning amendment to allow a development by the Ashley Commercial Group on property owned by St. Walburg Monastery.

Prior to the May 16 meeting, the City scheduled a meeting in February to discuss the issue at the River Ridge Elementary School gymnasium, to accommodate an anticipated crowd.

In March, the City conducted two additional special meetings in the River Ridge Elementary cafeteria. At one meeting, Schletker spoke on behalf of the group “Defend VH,” which opposed the amendment.

At the March 6 meeting, the City Council, by a 4-2 vote, approved the zoning amendment that would allow the St. Walburg Monastery development to go forward.

The next regularly scheduled meeting of the Villa Hills City Council took place on May 16, in the Villa Hills City Council Chambers, which has a capacity of about 40 people.

The agenda for the meeting indicated no planned discussion of the amendment and no discussion or action on the issue took place.

On May 22, Schletker submitted a written complaint to Mayor Butch Callery, which included affidavits from three people who stated they were denied entrance to the building because the room was filled to capacity.

The complaint also indicated that the hallway outside the meeting was room was crowded and that several people approached the building, then left because of the crowd.

Schletker claimed the city violated the open meetings act by failing to make accommodations to address a potential crowd of more than 40 persons.

The OAG decision stated City Attorney Mary Ann Stewart issued a response to Schletker stating that the council chamber had “historically served to provide adequate space for public attendance, both at routine meetings and for extraordinary matters.”

She added that the Telecommunications Board of Northern Kentucky (TBNK) provides a live broadcast of all council meetings held in the council chambers, which is not possible at other venues because equipment is not available.

Stewart also stated that the City did not anticipate the large crowd because the zoning issue was not going to be discussed.

A rending of the proposed development at the St. Walburg Monastery site.

Schletker initiated the appeal to the OAG on May 29, stating that the City should have expected a large crowd on May 16 because “Defend VH” had put up large signs in the city, urging people to attend the meeting.

He also stated the he requested that the meeting be adjourned to a larger venue.

In its June 4 response to the OAG, the City of Villa Hills stated that adjournment of the meeting to another space (the Public Works garage) was not feasible without advanced notice.  The City also argued that after the March meetings, “business related to the [zoning issue was] seemingly concluded’ and it had no reason to believe the council chambers would be inadequate for what was expected to be a routine meeting.

Ultimately, the OAG cited several previous decisions as precedent to support its conclusion in favor of the City of Villa Hills.

“In this case, there is insufficient evidence that the Villa Hills City Council failed to consider the factor in KRS 61.820 and 61.840 when it elected to hold its May 2018 meeting at the regular location. Rather, the record indicates that historically, the council chambers had been adequate for all meetings that were not addressing the St. Walburg zoning amendment,” and that the city council considered that issue concluded.

Signs similar to these were placed around Villa Hills prior to the May 16, city council meeting. A resident who filed a complaint with the OAG indicated the placement of these signs should have alerted the city council to the potential for a large crowd at the meeting and prompted it to move the proceedings to a larger venue.

“Furthermore, when the problem was brought to the council’s attention by Mr. Schletker, the record indicates the city officials, in good faith, took what limited action was feasible to ensure public participation, by inviting people in the hallway to come into the council chambers.”

The opinion states that the City further attested its good faith by offering to revisit the business conducted at the May 16 meeting and to have the Public Works garage set up as an overflow space with seating and monitors for future meetings.

The ruling puts the issue to rest for now, however, any party aggrieved by the OAG’s opinion can appeal to the appropriate Circuit Court.

Contact Mark Hansel at mark.hansel@nkytrib.com


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