Glasgow City Council Violates Open Meeting Laws Regarding Cannabis Discussion

Glasgow City Council attempts to circumvent the Open Meeting Act to keep meetings secret.

By Jeff Jobe

Community Publisher

Barren County cities must decide whether medical cannabis businesses can operate in their jurisdictions.

While Cave City and Park City involved the media and general public, Glasgow chose to discuss in private, non-public meetings.

The 2023 Kentucky General Assembly passed Senate Bill 47 legalizing the use of medical cannabis coming in effect Jan. 1, 2025. Recently, House Bill 829 amended the law to expedite the process of licensing businesses such as dispensaries, cultivators, processors and producers. Statewide municipalities have since been reviewing their zoning restrictions and deciding on local ordinances needed to regulate this new economy for their communities.

Cave City and Park City put the matter on public agendas for their elected council and commission members to openly discuss this important legislation.

Glasgow, however, chose a series of back-to-back meetings excluding the press or general public be privy of discussions or stances elected officials have about medical marijuana.

Kevin Myatt, our Joint City-County Planning & Zoning Director, spoke with Cave City in their open to public regular session on April 8 to provide details, answer questions and share additional webinar information to view about the state’s new landmark law.

Conversely, Myatt was scheduled to meet with three specified-groupings of separate Glasgow City Council members June 4, 2024 whereas none of those meetings were made public.

April Russell, Glasgow’s City Administrator, arranged those meetings through nondescript “Council Training” titled emails individually to six of the nine council members. Happy Neal, Freddie Norris, Marna Kirkpatrick were scheduled for a 4:30p.m. meeting. Followed thereafter by Patrick Gaunce, Terry Bunnell, and Marlin Witcher assigned to 5:30 p.m. Lastly, Chasity Lowery, Joe Trigg and Max Marion were planned to gather at 6:30 p.m.

The General Assembly Open Meetings Act, KRS 61.800 to KRS 61.850 enacted since 1974 establishes a right of access to public meetings. The Kentucky Assembly recognizes the formation of public policy is public business and should not be conducted in secret.

It is highly unlikely the first time Mayor Henry Royse, a news media professional of over 40 years wouldn’t be aware of such a breach in fundamental outgoing transparency; yet to be certain, the Barren County Progress confirmed through the Open Records Act KRS 61.870 that the emails and meetings did indeed happen.

Further confirmation from council members emailed also verified the reason was to not establish a quorum.

A city legislative body can only take action if a quorum exists, which means that a majority of its members be present and such action must be on agenda in an open meeting. The act allows for “Special Meetings” to be called in addition to regularly scheduled meetings, where the public agency must provide at least 24 hours notice of the meeting, including an agenda which limits discussion to only the materials of said meeting.

The act specifically prevents public agencies from conducting “series” meetings totaling a quorum with the intention of circumventing the open meetings act.  

These three back-to-back “training” times as planned by the Mayor’s newly-promoted city administrator Russell were assigned meetings directing unsuspecting council members that all council members would be attending one of the three and done so as not to establish a quorum.

Such arrangements were indeed “series” meetings for the purpose of circumventing the open meetings act.  

The BCP request of open records show council members Patrick Gaunce, Happy Neal and Chasity Lowery were never sent emails by Russell. They were made aware in some other manner than members Bunnell, Kirkpatrick, Norris, Witcher, Trigg, and Marion.

Lowery was permitted to attend her own private meeting at 10:00 a.m. the previous day, June 3, 2024. Records of an email from Councilman Marion to Russell asked, “Can I come to the 430 or 530 as long as you don’t have 5 people there?” with a response from her saying, “No, those are full.”

Russell’s emails assigned specific times splitting council members into specifically assigned separate meetings of three to avoid a quorum of five. Witcher arrived early to his scheduled meeting, but was not permitted to join the one in progress, being ushered to another room in continuance of intent to keep members separated.

It appears council members who got an email assignment time were unsuspectingly hood-winked the meeting was merely informational training. They may not have known it was an inherent violation to keep the public from being involved, which is not at all acceptable for an elected official.

A strong argument can be made that perhaps Kentucky’s most progressive legislation in recent years has by this violation kept the citizens of Glasgow in the dark prior to a community changing vote being on the agenda.

There is oversight every step of the way for medical cannabis users, any cannabis businesses, and the municipalities involved.

Municipalities are asked to identify the zoning regulations of how and where cannabis businesses can operate within their cities.

While there are certain rules the city has to follow, it is up to each if they allow cannabis businesses in their jurisdiction.

A city essentially has three options. 

They can “opt in” to allow cannabis business operations in the city according to the state statute.

The city can apply its own regulations in addition to the state’s, such as include limiting the number of cannabis business operations within a zone, establishing on-site parking requirements, and establishing specific hours of operation.

Alternatively, a city can “opt out” which would prohibit cannabis businesses from operating within city limits. However, this decision doesn’t mean that people in that city could not get medical cannabis.

Additionally, citizens could organize a petition to overturn this decision. They could also leave it up to the citizens entirely by putting it on the ballot.

Park City “opted out” of medical cannabis business operations, barring the cultivation, dispersion, processing, production, and distribution of marijuana products in the city.

Cave City “opted-in” allowing medicinal cannabis businesses within city limits.

In 2025, Cave City could be offering business license opportunities for the following type business operations.

Processor – responsible for processing and packaging raw plant material into usable product formats. Current state law does not allow these products to be smokable.

Producer – responsible for both growing and processing raw plant material.

Safety compliance facility – responsible for contamination and purity testing.

Dispensary – responsible for purchasing and selling finished products to medical cannabis cardholders.

At this point the Glasgow City Council has been privately trained with no public discussions and Glasgow Mayor Henry Royse has an agenda set to vote on “opting-out”.  

Unlike Park City Mayor Larry Poteet and Cave City Mayor Dwayne Hatcher, Royse seems to think he knows what is best for Glasgow and needs no public input.