2014 Kentucky Revised Statutes
CHAPTER 65 - GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITS
65.312 Applicability of Open Records Act and Open Meetings Act to governing bodies of public entity and affiliated organizations -- Exceptions -- Financial data to be posted on Web -- Annual audit.
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<![CDATA[65.312 Applicability of Open Records Act and Open Meetings Act to
governing bodies of public entity and affiliated organizations -Exceptions -- Financial data to be posted on Web -- Annual audit.
The governing body of a public entity and the governing body of an affiliated
organization shall:
(1) Be subject to the provisions of KRS 61.870 to 61.884, and all records of the
public entity and its affiliated organizations shall be deemed open records and
subject to public inspection, unless the record:
(a) Is excluded from inspection under KRS 61.878;
(b) Includes information that would provide an unfair competitive advantage
to private sector competitors providing insurance coverage or financing
services in the Commonwealth;
(c) Is generated by the public entity or an affiliated organization, is generally
recognized as confidential or proprietary, and which, if openly disclosed,
would permit an unfair commercial advantage to competitors of the public
entity or an affiliated organization; or
(d) Relates to a fraudulent insurance claim investigation conducted by the
public entity or an affiliated organization and does not become evidence
in a criminal or civil action. This paragraph shall not be construed to affect
the rights of parties in a civil or criminal action to obtain copies of the
records pursuant to the rules of discovery applicable to that action;
(2) Be subject to the provisions of KRS 61.800 to 61.850, with the following
exceptions:
(a) Meetings may be closed in accordance with KRS 61.810; and
(b) Proceedings to discuss insurance rates, proposed rates, or anything that
relates to rates if that discussion would jeopardize the competitiveness of
the public entity or an affiliated organization may be closed, as well as
proceedings which would provide an unfair competitive advantage to
private sector competitors of the public entity or an affiliated organization
providing insurance coverage or financing services in the Commonwealth;
(3) By January 15 of each year, establish a schedule of regular meetings
consistent with KRS 61.820, and conduct the regular meetings in accordance
with the Open Meetings Act, KRS 61.805 to 61.850. A public entity and its
affiliated organizations may conduct special or emergency meetings, as set out
in KRS 61.823, over telephonic conference call, provided that the public entity
or the affiliated organization otherwise adheres to the requirements of KRS
61.805 to 61.850 and provides a designated location or locations where
members of the public may attend and hear the audio of each individual
participating in the telephonic meeting;
(4) By January 1, 2011, provide a Web site that will allow citizens Internet access
to substantial and substantive financial data about expenditures of the public
entity and its affiliated organizations. Information on the Web site shall be
updated at least on a monthly basis and shall provide the following information
not considered confidential by state or federal law:
(a) The name of the recipient of the funds of the public entity and its affiliated
organizations;
(b)
(c)
(d)
(e)
(f)
(5)
(6)
The expenditure type by vendor;
The amount of the expenditure;
A description of the purpose of the expenditure, if available;
The payment date of the expenditure;
An electronic link to a database displaying the information contained in
paragraphs (a) to (e) of this subsection, which information shall remain in
the database for at least three (3) years after the payment date of the
expenditure;
(g) The budget adopted by the governing body and its affiliated
organizations; and
(h) The complete annual audit results on a continuing basis;
Beginning August 1, 2010, undergo an annual audit performed by a certified
public accountant or the Auditor of Public Accounts. The contract with the
certified public accountant shall specify:
(a) That the certified public accountant shall forward a copy of the audit
report and management letters to the Auditor of Public Accounts; and
(b) That the Auditor of Public Accounts shall have the right to review the
certified public accountant's work papers before and after the release of
the audit; and
Allow the Office of the Auditor of Public Accounts to conduct, at its discretion,
an examination of the public entity and its affiliated organizations.
Effective:July 15, 2010
History: Created 2010 Ky. Acts ch. 76, sec. 3, effective July 15, 2010.
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