LEXINGTON, Ky. — During public comment at the Feb. 18 Lexington Fayette Urban County Council work session a resident alleged that the city’s Code Enforcement administrative hearing board is operating in violation of the Kentucky Open Meetings Act by using rotating hearing officers rather than a quorum of board members.

Toniqa Oliver, who identified herself as living in District 11, said she requested records of the hearings and has filed an Open Meetings appeal. Oliver cited KRS 65.8815(3), which she said defines quorum as a majority of the members of a board and asserted that the board’s current practice of rotating hearing officers means those hearings should be subject to the Open Meetings Act.

“I requested that these are subject to the Open Meetings Act,” Oliver said. “KRS 65.8815 subsection 3 defines what a quorum is ... Right now, currently, there's 4 members of that board. So that means if 3 people are rotating meetings, they are subject to the Open Meetings Act.”

Oliver said she has confirmed two board members who have acted as hearing officers and is seeking one more confirmation to demonstrate a pattern. She told council members she filed an appeal and is seeking the council’s attention, saying the legal department is “lying so that way they can take people's properties and place liens in secrecy.”

What the record shows: The statement was presented as public comment; no city attorney or department representative responded in the session transcript. The council did not take immediate action on the matter during the work session.

Why it matters: If correct, Oliver's allegation concerns transparency of administrative hearings that can affect property owners. The transcript records her claim and citation; the council or the city legal department would need to confirm procedures and whether Open Meetings Act requirements apply to the hearing format described.

Next steps: Oliver said she has filed an Open Meetings appeal. The council did not record a response in the public transcript during the work session.