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AN ACT relating to lifetime employment contracts at public postsecondary 1
educational institutions. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. KRS 164.365 is amended to read as follows: 4
(1) Anything in any statute of the Commonwealth to the contrary notwithstanding, the 5
power over and control of appointments, qualifications, salaries, and compensation 6
payable out of the State Treasury or otherwise, promotions, and official relations of 7
all employees of Eastern Kentucky University, Western Kentucky University, 8
Murray State University, Northern Kentucky University, and Morehead State 9
University, as provided in KRS 164.350 and 164.360, and of Kentucky State 10
University and the Kentucky Community and Technical College System, shall be 11
under the exclusive jurisdiction of the respective governing boards of each of the 12
institutions named except that the respective governing boards shall not enter into 13
any contract for lifetime employment. 14
(2) The board of regents for the Kentucky Community and Technical College System 15
shall develop personnel rules for the governing of its members, officers, agents, and 16
employees[ by June 30, 1998. The board shall adopt interim policies to govern 17
employees hired from July 1, 1997, until the permanent rules are adopted]. 18
(3) Upon receipt of a written authorization from an employee of the Kentucky 19
Community and Technical College System, the board shall deduct dues from the 20
employee's paycheck for employee membership organizations. Dues shall be 21
deducted at a rate established by the organization, and shall be discontinued upon 22
written notification by an employee to both the system and the employee 23
organization. On a quarterly basis, the Kentucky Community and Technical College 24
System shall provide to each employee membership organization an updated list 25
that includes the names and home addresses of the employees who are having dues 26
deducted from their paychecks for the purpose of maintaining membership in that 27 UNOFFICIAL COPY 23 RS BR 949
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organization. 1
Section 2. KRS 164.830 is amended to read as follows: 2
(1) The board of trustees of the University of Louisville shall constitute a body 3
corporate, with the usual corporate powers, and shall possess all the authorities, 4
immunities, rights, privileges, and franchises usually attaching to the governing 5
bodies of Kentucky public higher educational institutions. A majority of the voting 6
members of the board shall constitute a quorum for the transaction of business. 7
Powers of the board shall include the following: 8
(a) Appointment of a president, all faculty members, and other personnel and 9
determination of the compensation, duties, and official relations of each but 10
shall not enter into any contract for lifetime employment. No relative of a 11
board of trustee member shall be employed by the university. 12
(b) Suspension or removal of the president, officers, faculty, agents, or other 13
personnel that it is authorized to appoint, except that no president, professor, 14
or teacher shall be removed except for incompetence, neglect of or refusal to 15
perform his or her duty, or for immoral conduct and that the removal shall be 16
made in accordance with procedures established by law for state institutions. 17
(c) Election of a chairperson, a vice chairperson to act in the absence or 18
temporary disability of the chairperson, and any other officers as it deems 19
wise, including the annual election of a six (6) member executive committee 20
which shall have the powers that the board delegates to it and shall operate 21
under the rules the board shall establish under its authority to make bylaws, 22
rules, and regulations consistent with this chapter. The committee shall have 23
one (1) member representing the students, faculty, and nonteaching personnel 24
with the group alternating each year. The initial appointment to the executive 25
committee after March 21, 2017, shall be a faculty member, to be followed by 26
a student and a nonteaching personnel, respectively. 27 UNOFFICIAL COPY 23 RS BR 949
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(d) Receipt, retention, and administration, on behalf of the university, subject to 1
the conditions attached, all revenues accruing from endowments, 2
appropriations, allotments, grants or bequests, and all types of property. 3
(e) Requirement of reports from the president, officers, faculty, and employees as 4
it deems necessary and proper from time to time. 5
(f) Granting degrees to graduates of the university, prescription of conditions 6
upon which postgraduate honors may be obtained, and conferment of 7
honorary degrees. 8
(g) The board shall periodically evaluate the institution's progress in 9
implementing its missions, goals, and objectives to conform to the strategic 10
agenda. Officers and officials shall be held accountable for the status of the 11
institution's progress. 12
(h) The board shall adopt bylaws, rules, and regulations for the governance of its 13
members, officers, agents, and employees, which shall reference the member 14
removal and replacement provisions of KRS 63.080, and the board shall 15
enforce obedience to those bylaws, rules, and regulations. 16
(2) Board members shall receive no compensation for serving on the board, but shall be 17
reimbursed for travel expenses for attending meetings and performing other official 18
functions, consistent with the reimbursement policy for state employees. Board 19
members who reside outside the Commonwealth shall not be reimbursed for out-of-20
state travel expenses. 21
(3) The provisions of KRS 164.030, 164.200, and 164.410, shall be applicable to the 22
University of Louisville, except where inconsistent with the purposes of KRS 23
164.810 to 164.870. 24
Section 3. KRS 164.220 is amended to read as follows: 25
(1) The board of trustees may appoint a president, professors, assistants, tutors, and 26
other personnel and determine the compensation, duties, and official relations of 27 UNOFFICIAL COPY 23 RS BR 949
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each but shall not enter into any contract for lifetime employment. In the 1
appointment of presidents, professors or instructors no preference shall be shown to 2
any religious denomination. 3
(2) The board of trustees shall provide the compensation for all positions created and 4
filled by the board. In addition thereto the board may provide for employee 5
retirement benefits and such other employee benefits as are related to the respective 6
employments and services rendered. 7
(3) The board of trustees may establish and maintain such retirement plan or plans as it 8
may deem to be for the best interests of the University of Kentucky, including, but 9
without limitation, the retirement ages, the benefits of such employees including 10
group insurance, annuities, establishment of a trust fund or funds; and, the amounts 11
to be paid or contributed by such employees and the amounts to be paid or 12
contributed by the University of Kentucky and other appropriate terms and 13
provisions with respect thereto. 14