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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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Page 1 of 2 65.312 Applicability of Open Records Act and Open Meetings Act to governing bodies of public entity and affiliated organizations -- Exceptions -- Financial <br>data to be posted on Web -- Annual audit. The governing body of a public entity and the governing body of an affiliated <br>organization shall: <br>(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 <br>public inspection, unless the record: <br>(a) Is excluded from inspection under KRS 61.878; <br>(b) Includes information that would provide an unfair competitive advantage to private sector competitors providing insurance coverage or financing services <br>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, <br>would permit an unfair commercial advantage to competitors of the public <br>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 <br>or civil action. This paragraph shall not be construed to affect the rights of <br>parties in a civil or criminal action to obtain copies of the records pursuant to <br>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: <br>(a) Meetings may be closed in accordance with KRS 61.810; and <br>(b) Proceedings to discuss insurance rates, proposed rates, or anything that relates to rates if that discussion would jeopardize the competitiveness of the public <br>entity or an affiliated organization may be closed, as well as proceedings <br>which would provide an unfair competitive advantage to private sector <br>competitors of the public entity or an affiliated organization providing <br>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 <br>Meetings Act, KRS 61.805 to 61.850. A public entity and its affiliated organizations <br>may conduct special or emergency meetings, as set out in KRS 61.823, over <br>telephonic conference call, provided that the public entity or the affiliated <br>organization otherwise adheres to the requirements of KRS 61.805 to 61.850 and <br>provides a designated location or locations where members of the public may attend <br>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 <br>its affiliated organizations. Information on the Web site shall be updated at least on <br>a monthly basis and shall provide the following information not considered <br>confidential by state or federal law: Page 2 of 2 (a) The name of the recipient of the funds of the public entity and its affiliated organizations; (b) The expenditure type by vendor; <br>(c) The amount of the expenditure; <br>(d) A description of the purpose of the expenditure, if available; <br>(e) The payment date of the expenditure; <br>(f) An electronic link to a database displaying the information contained in paragraphs (a) to (e) of this subsection, which information shall remain in the <br>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; (5) 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 <br>accountant shall specify: <br>(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 <br>audit; and (6) 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 <br>History: Created 2010 Ky. Acts ch. 76, sec. 3, effective July 15, 2010.