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AN ACT relating to chief executive officers of colleges within the Kentucky 1
Community and Technical College System. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. KRS 164.350 is amended to read as follows: 4
(1) The government of each of the state universities and the Kentucky Community and 5
Technical College System is vested in its respective board of regents. Each board of 6
regents, when its members have been appointed and qualified, shall constitute a 7
body corporate, with the usual corporate powers, and with all immunities, rights, 8
privileges, and franchises usually attaching to the governing bodies of educational 9
institutions. Each board may: 10
(a) Receive grants of money and expend the same for the use and benefit of the 11
university or college; 12
(b) Require such reports from the president, officers, faculty, and employees as it 13
deems necessary and proper from time to time; 14
(c) Determine the number of divisions, departments, bureaus, offices, and 15
agencies needed for the successful conduct of the affairs of the university or 16
college; and 17
(d) Grant diplomas and confer degrees upon the recommendation of the president 18
and faculty. 19
(2) Each board shall adopt bylaws, rules, and regulations for the governance of its 20
members, officers, agents, and employees, which shall reference the member 21
removal and replacement provisions of KRS 63.080, and the board shall enforce 22
obedience to such bylaws, rules, and regulations. 23
(3) Each board of regents shall periodically evaluate the institution's progress in 24
implementing its missions, goals, and objectives to conform to the strategic agenda. 25
Officers and officials shall be held accountable for the status of the institution's 26
progress. 27 UNOFFICIAL COPY 23 RS BR 1364
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(4) In addition to the duties required in subsections (1), (2), and (3) of this section, the 1
board of regents for the Kentucky Community and Technical College System, upon 2
recommendation of the president of the system, shall: 3
(a) Develop and implement guidelines for the preparation of biennial budget 4
requests by the administrators of the colleges within the system. The 5
guidelines shall define the processes for review and approval by the boards of 6
directors for the colleges; 7
(b) Adopt a biennial budget request for the Kentucky Community and Technical 8
College System upon the recommendation of the president of the system; 9
(c) Adopt an allocation process for distributing funds to the colleges within the 10
system; 11
(d) Consider recommendations from the boards of directors of the colleges to 12
improve the overall budget planning and allocation processes; 13
(e) Designate each college with a name; 14
(f) Encourage and accept donations of land and funds to be used in the 15
acquisition, construction, or operations of colleges in the system. The board 16
may commemorate donations from private persons or corporations with 17
suitable memorials; and 18
(g) Accept federal grants when deemed appropriate to be used in the acquisition, 19
construction, or operations of colleges in the system. 20
The board of regents shall ensure that the budget planning and implementation 21
processes are consistent with the adopted strategic agenda and biennial budget and 22
with the missions of the institutions within the system. 23
(5) In addition to the duties required in subsections (1) to (4) of this section, the 24
board of regents for the Kentucky Community and Technical College System 25
shall develop an evaluation process to be used to evaluate a college chief 26
executive officer as defined in Section 2 of this Act. The board shall: 27 UNOFFICIAL COPY 23 RS BR 1364
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(a) Identify standards and minimum performance criteria to be met by the 1
college chief executive officer; 2
(b) Allow the inclusion of additional standards and performance criteria 3
developed by the local board of directors to ensure implementation of the 4
institution's mission, goals, and objectives; and 5
(c) Establish a procedure to allow a college chief executive officer to appeal his 6
or her evaluation. 7
Section 2. KRS 164.600 is amended to read as follows: 8
(1) As used in this section, unless the context requires otherwise: 9
(a) "Chief executive officer" means a president or the head administrator of a 10
college within the Kentucky Community and Technical College System; 11
(b) "College" means a community college, a technical college, or a community 12
and technical college within the system; 13
(c) "President" means the chief executive officer of the system; 14
(d) "Relative" means father, mother, brother, sister, husband, wife, son, daughter, 15
aunt, uncle, son-in-law, and daughter-in-law; and 16
(e) "System" means the Kentucky Community and Technical College System. 17
(2) There shall be a board of directors for each community college or community and 18
technical college under the Kentucky Community and Technical College System, 19
except as provided in KRS 165.160. The board of regents may designate that a local 20
board of directors serve more than one (1) college. Each board of directors shall: 21
(a) Select, by majority vote,[Recommend] one (1) candidate for college chief 22
executive officer from three (3) candidates provided by and acceptable to the 23
president. The president shall supply names of any additional candidates if 24
requested by the board of directors. The president shall[have the authority to 25
make the final appointment and shall not] be bound by the selection of 26
[recommendation from] the board of directors; 27 UNOFFICIAL COPY 23 RS BR 1364
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(b) 1. Evaluate the college chief executive officer annually, using evaluation 1
forms developed by the board of directors incorporating the standards 2
and performance criteria identified pursuant to subsection (5) of 3
Section 1 of this Act, and inform[advise] the president of his or her 4
performance. The local board of directors, by majority vote,[president] 5
has final authority for the appointment, contract term, contract renewal, 6
and termination of the college chief executive officer.[;] 7
2. Any preliminary discussions related to the evaluation of the college 8
chief executive officer by the local board of directors or between the 9
local board of directors and the college chief executive officer prior to 10
the final evaluation may be conducted in closed session. 11
3. The final evaluation shall be in writing, on forms agreed upon by the 12
board of regents and the local board of directors, and shall be 13
discussed and approved in an open meeting of the local board, as 14
reflected in the minutes. A copy shall be given to the college chief 15
executive officer and made available to the public upon request. 16
4. a. The local board of directors shall forward a copy of the final 17
written evaluation to the board of regents, with an order to renew 18
or terminate the contract of the college chief executive officer 19
based upon the results of the evaluation. 20
b. A college chief executive officer who believes that the local 21
board of directors failed to properly implement the evaluation 22
process may submit an appeal to the board of regents, following 23
the process established under subsection (5) of Section 1 of this 24
Act, within one (1) month of receiving the final evaluation. An 25
appeal shall not involve requests for the review of the judgmental 26
conclusions of the evaluation. 27 UNOFFICIAL COPY 23 RS BR 1364
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c. The board of regents shall follow the procedures established to 1
hear an appeal under subsection (5) of Section 1 of this Act. 2
d. A decision by the board of regents that the evaluation completed 3
by the local board of directors was in noncompliance with the 4
evaluation process shall render the evaluation void, and the 5
college chief executive officer shall have the right to be 6
reevaluated; otherwise the evaluation and order of the local 7
board of directors shall stand; 8
(c) Approve budget requests for recommendation to the Kentucky Community 9
and Technical College System; 10
(d) Adopt and amend an annual operating budget and submit it to the board of 11
regents for approval as to the compliance with its guidelines; and 12
(e) Approve a strategic plan that is developed in coordination with local 13
employers, civic leaders, campus constituents, and other postsecondary 14
institutions in the region and that is consistent with the strategic agenda of the 15
General Assembly. 16
(3) The chief executive officer of each college shall have full authority and discretion 17
regarding the use and management of the budget approved by the board of regents 18
for the Kentucky Community and Technical College System under KRS 164.350. 19
(4) Each board of directors shall consist of ten (10) members, seven (7) of whom shall 20
be appointed by the Governor from nominees of the respective college nominating 21
commission established under KRS 164.602 for a term set by law pursuant to 22
Section 23 of the Constitution of Kentucky. The other three (3) board members 23
shall be one (1) member of the teaching faculty, one (1) member of the staff, and 24
one (1) member of the student body. An appointed member's term shall be six (6) 25
years. 26
(5) The faculty member shall be on the teaching or research faculty of the college. The 27 UNOFFICIAL COPY 23 RS BR 1364
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faculty member shall be elected by secret ballot of all full-time faculty members of 1
the college. Faculty members shall serve for terms of three (3) years and until their 2
successors are elected and qualified. Faculty members shall be eligible for 3
reelection, but they shall be ineligible to continue to serve as members of the boards 4
if they cease to be members of the teaching staff of the college. Elections to fill 5
vacancies shall be for the unexpired term in the same manner as provided for 6
original election. 7
(6) The staff member shall be a classified or midmanagement employee who does not 8
hold faculty rank and who does not hold an upper administrative position. The staff 9
member shall be elected by secret ballot of all full-time staff members of the 10
college. Staff members shall serve for terms of three (3) years and until their 11
successors are elected and qualified. Staff members shall be eligible for reelection, 12
but shall be ineligible to continue to serve as members of the boards if they cease to 13
be members of the staff of the college. An election to fill a vacancy for an 14
unexpired term shall be held in the same manner as an election to an original full 15
term. 16
(7) The student member shall be elected by secret ballot from the student body of the 17
college to serve a term of one (1) year. The student member shall be a full-time 18
student who maintains permanent residency in the Commonwealth of Kentucky. 19
(8) If a board of directors is designated by the board of regents to serve more than one 20
(1) college as permitted under subsection (2) of this section, the board of regents 21
shall define procedures for the selection of the faculty, staff, and student 22
representatives to the board of directors to ensure that there is opportunity for all 23
colleges to be represented. 24
(9) The members of the board of directors shall receive no compensation for their 25
services but shall be paid for their actual and necessary expenses. 26
(10) No citizen member of the board of directors shall have a conflict of interest in 27 UNOFFICIAL COPY 23 RS BR 1364
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accordance with KRS 45A.340 or be a relative of any employee of the college 1
under its jurisdiction.[ A person who is a member of the board on July 15, 1998, 2
who is a relative of an employee of the college may finish out the appointed term of 3
office but the member may not be reappointed.] 4