LEXINGTON, Ky. (LEX NEWS) — Update: July 15 at 4:45 p.m.
Attorney General Russell Coleman has ruled that the Fayette County School Board did violate Kentucky's Open Meetings Act during a special called meeting. Coleman's office found that the board failed to inform the public of the reasoning behind the meeting, which was held to discuss matters surrounding Superintendent Dr. Demtrus Liggins.
The board entered the nearly three-hour-long closed session on June 10 to discuss matters surrounding personnel; however, Coleman's office found that, based on state statue, a public agency like FCPS must state "at a minimum, whether the discussions are likely to lead to appointment, likely to lead to discipline, or likely to lead to dismissal."
In a release, Coleman writes that the Board violated the OMA "when it failed to provide sufficiently detailed notice of its reason for entering closed session on June 10, that closed session was justified by KRS 61.810(1)(f)."
However, Coleman found that the board did not violate the act by reaching a consensus during the closed session. Additionally, the Office of the Attorney General lacks the jurisdiction to void any actions made by the FCPS Board. The AG's office says that only a court can do that.
At the center of the dispute is an email Liggins emailed Board Chair Tyler Murphy on June 9 requesting that the board consider discussions about a potential separation agreement. The district later announced Liggins was resigning, to which Liggins disputed.
Dr. Bill Bradford was appointed as acting superintendent during the June 10 meeting.
Original Story:
Fayette County Public Schools Superintendent Dr. Demetrus Liggins has filed a formal Open Meetings Act appeal Tuesday with Kentucky Attorney General Russell Coleman, asking him to declare unlawful the Fayette County Board of Education's June 10 closed session and reverse all actions taken from it.
The appeal includes 11 exhibits and invokes a unanimous 2012 Kentucky Supreme Court decision that Liggins's attorney says the board violated.
On June 9, according to the appeal, Liggins emailed Board Chair Tyler Murphy requesting that the board consider discussions about a potential separation agreement. He did not submit an unconditional resignation. The appeal read that on the same day, after the chair and board treated the communication as a resignation notice, Liggins corrected the record in writing.
"My email was not a resignation, did not constitute a resignation, and should not be interpreted as a resignation," Liggins wrote. "At no point did I submit a resignation from my position as Superintendent of Fayette County Public Schools."
Liggins also wrote that any resignation would have been contingent upon a mutually approved separation agreement, that no such agreement existed, that he withdrew the request to discuss a potential separation agreement, that the special-called meeting should be canceled, and that he remained superintendent.
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According to the appeal, the June 10 meeting agenda stated: "Closed session to discuss resignation notice."
After the closed session, the appeal read that the board placed Liggins on paid administrative leave and appointed Dr. Bill Bradford as acting superintendent.
The appeal argued the board's June 24 denial of Liggins' initial complaint confirms a violation. It further claims FCPS continued to describe Liggins' June 9 email as a resignation notice despite acknowledging he had notified board members before the meeting that he had not resigned, remained superintendent, and wanted the meeting canceled.
"The FCPS June 24 response is an admission under Carter [case]," said Amos N. Jones, counsel for Liggins. "They admit they called this a resignation. They admit Dr. Liggins told them it was not a resignation. They admit they proceeded anyway. Then they defend what Carter forbids."
Jones added: "The rule of law is not a casual concept. The public and Dr. Liggins have these basic rights that the school board represented by several Kentucky counsel is violating and doubling down on violating. We look forward to a prompt reversal of all actions the Board took under cover of dark in that forbidden session and of its ill-fated written denial of June 24."
The appeal asked the attorney general to find that the board violated the Open Meetings Act, reject FCPS's June 24 denial, and require the board to rescind the actions from the closed session, including the administrative leave, the replacement superintendent designation, and investigation authorization.
The appeal further asked that FCPS be required to correct the public record by acknowledging that Liggins did not submit an unconditional resignation, that no mutual separation agreement occurred, and that any future action concerning him must begin anew in a properly noticed public meeting unless a strictly construed statutory exception applies.
Liggins remains the contracted superintendent of Fayette County Public Schools through June 30, 2029.
