Knox County v. Hammons

Summary

The Supreme Court of Kentucky reviewed the validity of a Knox County occupational tax ordinance challenged on vagueness, open-meetings, and publication grounds. The court held that KRS 67.077(2) is directory and that Knox County substantially complied with the statutory publication requirements, rendering the ordinance valid. The court also held that the county did not violate Kentucky’s Open Meetings Act.

Holdings

1. KRS 67.077(2) is directory rather than mandatory, and its requirements may be satisfied by substantial compliance. Knox County substantially complied because its published summary accurately identified the time and place of the meeting, the location where the full ordinance could be inspected, and the ordinance's main points; the absence of formal fiscal-court certification did not invalidate the ordinance.
2. Knox County did not violate KRS 61.820 or KRS 61.840 by holding the special meeting during the Daniel Boone Festival and in the district courtroom. The Open Meetings Act requires a time and place that are not so inconvenient as to effectively prevent public knowledge or participation; it does not require the most convenient time or location.

Questions Presented

1. Whether KRS 67.077(2), together with KRS 67.075(2), required strict compliance with the statutory certification and publication requirements for the occupational tax ordinance or permitted substantial compliance.
2. Whether Knox County violated KRS 61.820 or KRS 61.840 by holding the special meeting during the Daniel Boone Festival and in a crowded courtroom that required some members of the public to observe from the hallway.

Disposition

other