O Capitol, My Capitol!

The General Assembly is taking a field trip today.  At 2:00, they will convene at the Old Capitol for what we are told are ceremonial purposes.  While we appreciate the novelty of doing so, we do wonder about the legality.

Section 36 of the Kentucky Constitution specifies: “All sessions shall be held at the seat of government, except in case of war, insurrection or pestilence, when it may, by proclamation of the Governor, assemble, for the time being, elsewhere.”

The key phrase in this is, of course, seat of government.  We were unable to find it defined in Kentucky law, but Brewer’s Politics defines it as, “the building, complex of buildings or the city from which a government exercises its authority.”

We suspect legislative attorneys would submit that since the Old Capitol is in the same city, everything will be fine.  However, we wonder if Andy Beshear and/or the Kentucky Supreme Court would agree.  The way we see it, this is definitely a good letter-of-the-law vs. spirit-of-the-law debate.

Even if it is legal to meet at the Old Capitol, will open meetings laws come into play?  Will gallery passes be issued to the public?  Will KET be televising the session?  Will absent legislators be paid?  Will vote histories be made public since the computer systems will not be there?

Lastly, even if everything is deemed legal and appropriate, will this set a precedent?  Would city councils and county fiscal courts be able to meet outside of their city halls and courthouses?  That precedent could create interesting strategies.  Got a controversial ordinance coming up and you don’t want public outcry?  Shoot, just move your meeting to another building with a smaller room!