— by McKenna Horsley, Kentucky Lantern —
FRANKFORT — A bill that would bar diversity, equity, and inclusion initiatives at Kentucky’s public universities and colleges is facing an open meetings challenge. However, the General Assembly’s top Republicans say the bill will still move forward in the days to come.
James Orlick, a graduate student at the University of Louisville who has spoken against House Bill 4 in recent committee hearings, filed a complaint with House Speaker David Osborne and Rep. James Tipton, the chairman of the House Postsecondary Education Committee, regarding a vote on a title amendment that Tipton took after the committee meeting adjourned.
The student alleges the vote violated Kentucky’s open meeting laws.
Orlick’s complaint references a Kentucky Lantern video of the proceeding, which took place last week. After adjourning the meeting, Tipton can be heard calling for approval of a title amendment; then lawmakers vote in favor of the amendment.
Title amendments are required to ensure the title of a bill approved by a committee accurately reflects the contents of the legislation.
Orlick cites past attorney general opinions that “determined that a post-adjournment discussion of public business or vote of a quorum of the members of a public agency contravenes the fundamental mandate of the open meetings law found at KRS 61.810(1).”
The House committee meeting was “no exception” to the open meeting laws, Orlick argues.
The complaint, shared with the Kentucky Lantern, was also given to the Legislative Research Commission’s general counsel, Greg Woosley, in addition to Osborne and Tipton.
After the House adjourned Tuesday, Osborne told reporters that he wished “somebody had caught it before it happened” when asked about the complaint.
“It was a hectic meeting, so the chair didn’t realize that he needed to not just reconvene members, and should have reconvened the whole thing,” Osborne said.
The bill is now before the Senate and the title amendment can be added there, Osborne said. The House will be able to concur with the addition when the bill returns.
HB 4 was on the Senate’s orders of the day, or the list of bills that the lawmakers may vote on for the day. Yet, Senate Republican leaders passed over the bill because of the question raised about the amendment.
Stivers told reporters Tuesday HB 4 “will be dealt with” in the Senate on Wednesday.
“There was a question about a title amendment, so we wanted to make sure we did the best to respond to a question,” Stivers said.
Orlick, who filed the complaint, told the Lantern: “The public deserves transparency, not backroom politics. The House Committee on Postsecondary Education violated open meetings law by conducting business after adjourning, shutting out voices opposing House Bill 4. This disregard for accountability undermines the democratic process and erodes trust in our institutions.”
Lawmakers in the Republican supermajority have until the end of the week to approve the bill if they want to be able to override an expected veto from Democratic Gov. Andy Beshear, who has repeatedly defended DEI policies.
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Written by McKenna Horsley. Cross-posted from the Kentucky Lantern.
