Fayette County School Board accused of open meetings law violation

Demetrus Liggins disputes the board's claim he resigned, attorneys allege misconduct
D Liggins
Photo by: ABC 36 News Now

LEXINGTON, Ky. (ABC 36 NEWS NOW) –

UPDATE: June 19 at 2:25 p.m.

A new press release reveals that attorneys for Dr. Demetrus Liggins have filed a formal complaint alleging the Fayette County Board of Education violated Kentucky’s Open Meetings Act during a special-called meeting earlier this month, raising questions about the legality of actions that led to his removal from active leadership.

The complaint, filed under KRS 61.846, contends the board improperly entered a closed session during its June 10 meeting to discuss what officials characterized as a resignation. According to the filing, Kentucky law does not permit public agencies to discuss resignations in closed session under the personnel exception to the Open Meetings Act.

The complaint cites Kentucky Supreme Court precedent holding that a resignation is not among the personnel matters eligible for private discussion and therefore must be addressed in public.

Liggins’ attorneys further allege the board used the closed session to deliberate and reach consensus on a series of significant actions before returning to open session, including placing the superintendent on leave, appointing an acting superintendent, and initiating an outside investigation.

Kentucky’s Open Meetings Act is intended to ensure citizens can observe the decision-making processes of public bodies and hold elected officials accountable for their actions.

Beyond the Open Meetings Act allegations, attorneys for Liggins have placed individual board members and the person designated as acting or interim superintendent on notice of potential personal legal exposure arising from the events surrounding the June 10 meeting.

According to the notice, that potential exposure is separate from any liability that could be faced by Fayette County Public Schools as an institution.

The attorneys allege officials advanced a false narrative that Liggins had resigned, created what they describe as a fictitious vacancy, and coordinated efforts that resulted in his displacement from the superintendent’s position. The notice further claims those actions contributed to a false-light portrayal of Liggins.

The filing also warns that lawyers retained by Fayette County Public Schools represent the school district itself and may not necessarily represent the interests of individual board members or administrators. Attorneys for Liggins argue that officials should have received appropriate legal warnings regarding attorney-client privilege, potential conflicts of interest, and the possibility of individual legal consequences.

The Fayette County Board of Education has not publicly responded to the allegations contained in the complaint.

Under Kentucky law, public agencies generally have three business days to respond in writing to an Open Meetings Act complaint. If a complainant believes the response is inadequate or if no response is provided, the matter may be appealed to the Kentucky Attorney General for review.

 

Original Story:

The attorneys for Dr. Demetrus Liggins issued a press release Friday alleging the Fayette County Board of Education publicly announced a resignation that never happened, cited the wrong Kentucky statutes to justify placing him on administrative leave, and installed a replacement superintendent without legal authority to do so.

The press release, dated June 19, 2026, gives FCPS a four-day deadline to rescind the administrative leave, withdraw the replacement-superintendent designation, and correct the public record. If the district does not comply, Dr. Liggins’ legal team has reserved the right to pursue contractual, statutory, constitutional, defamation, false-light, civil-rights, and tort claims.

According to the press release, Dr. Liggins proposed discussions toward a possible separation agreement — he did not submit an unconditional resignation. His attorneys allege he expressly corrected the Board’s characterization before the Board acted, yet the Board publicly announced a “resignation notice” anyway.

The press release also notes a striking internal contradiction in the Board’s own June 11 letter: the document’s letterhead continued to identify “Superintendent: Demetrus Liggins, PhD” even while the body of the letter announced an “Acting Superintendent.”

Dr. Liggins’ attorneys argue the Board’s June 11 leave letter cited KRS 160.160 and KRS 160.370 — neither of which, according to counsel, expressly authorizes a board to indefinitely suspend a contracted superintendent, bar him from communicating with district-affiliated persons, exclude him from all school property, and install a substitute officeholder.

Counsel argues the Board deliberately avoided KRS 160.350, the statute that specifically governs superintendent terms, vacancies, acting appointments, and removal for cause, according to the press release.

The press release also invokes Lexington-Fayette’s unique status as Kentucky’s sole urban-county government under KRS Chapter 67A, arguing the Board’s legal framing is further flawed because Fayette County is not governed by the special Chapter 67C school-governance provisions applicable to a consolidated local government such as Louisville–Jefferson County.

Attorney Amos N. Jones issued a direct on-the-record statement in the press release.

“This is not administrative leave in any meaningful sense. They announced a resignation that never happened, displaced the lawful superintendent, installed another superintendent, silenced Dr. Liggins inside his own system, and then hired investigators to determine whether the result already imposed should be imposed. Kentucky law does not allow a school board to manufacture a vacancy, perform a removal first, and search for a justification afterward,” Jones said.

According to the press release, Dr. Liggins’s contract runs through June 30, 2029. His attorneys allege the Board’s actions breach that contract by stripping him of his office, authority, professional standing, and future-career value while continuing to pay his salary. The contract reportedly prohibits reassignment without Dr. Liggins’s express written consent.

The press release notes that any litigation or settlement arising from this dispute could carry significant financial consequences for Fayette County taxpayers.

The press release places individual Board members — not just the institution — on notice of potential personal legal exposure. Attorneys cite what they describe as a false resignation narrative, the alleged creation of a fictitious vacancy, concerted displacement, and a false-light portrayal of Dr. Liggins. The notice also warns Board members that attorneys retained by FCPS may not represent their individual interests and that they should have received Upjohn warnings about privilege and conflicts.

According to the press release, counsel has demanded preservation of all communications, drafts, closed-session materials, media contacts, video records, investigative instructions, succession discussions, and communications with public officials, unions, employees, activists, and outside counsel. The inclusion of “media contacts” and “communications with public officials” in the demand suggests Dr. Liggins’ legal team believes there may be involvement by parties beyond the Board itself.

As of Friday, June 19, 2026, the four-day deadline issued to FCPS is running. If the district does not comply, Dr. Liggins’ legal team has indicated it will pursue legal action.

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