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AN ACT relating to employment at public postsecondary education institutions. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 164.360 is amended to read as follows: 3
(1) (a) Each board of regents for the universities shall[may] appoint a president, [and 4
on the recommendation of the president may, in its discretion, ]appoint all 5
faculty members and employees, and fix their compensation and tenure of 6
service, subject to the provisions of subsections (2) to (5)[subsection (2)] of 7
this section. Faculty member and employee appointment and removal 8
decisions may be delegated to the president in accordance with policy 9
adopted by each board of regents. 10
(b) The board of regents for the Kentucky Community and Technical College 11
System shall appoint a president, [and on the recommendation of the president 12
may, in its discretion, ]appoint all faculty members and employees, and fix 13
their compensation and tenure of service, subject to the provisions of 14
subsections (2) to (5)[subsection (2)] of this section. Faculty member and 15
employee appointment and removal decisions may be delegated to the 16
president in accordance with policy adopted by the board of regents. 17
(2) [No person shall be employed for a longer period than four (4) years. ]No person 18
shall be employed at an institution where his or her relative serves on the board of 19
regents for that institution. 20
(3) Each board may remove the president of the university or Kentucky Community 21
and Technical College System and[, and upon the recommendation of] the 22
president may remove any faculty member or employee.[employees, but] 23
(4) No president or faculty member shall be removed except for cause, which shall 24
include incompetency, neglect of or refusal to perform his or her duty,[ or for] 25
immoral conduct, or failure to meet college or university performance and 26
productivity requirements as determined in accordance with subsection (5) of this 27 UNOFFICIAL COPY 25 RS HB 424/GA
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section. A president or faculty member shall not be removed until after thirty 1
(30)[ten (10)] days' notice in writing, stating the nature of the charges preferred, and 2
after an opportunity has been given him or her to make defense before the board by 3
counsel or otherwise and to introduce testimony which shall be heard and 4
determined by the board. Charges against a president shall be preferred by the 5
chairperson of the board upon written information furnished to him or her, and 6
charges against a faculty member shall be preferred in writing by the president 7
unless the offense is committed in his or her presence. 8
(5) President and faculty member performance and productivity shall be evaluated at 9
least once every four (4) years using a process approved by each board. Failure to 10
meet performance and productivity requirements may result in removal of a 11
president or faculty member regardless of status. The evaluation process shall be 12
established by each board and provided to all faculty members by January 1, 13
2026, to become effective July 1, 2026. 14
Section 2. KRS 164.230 is amended to read as follows: 15
(1) The board of trustees has full power to suspend or remove any of the officers, 16
teachers, professors, or agents that it is authorized to appoint, but no president, 17
professor, or teacher shall be removed except for incompetency, neglect of or 18
refusal to perform his or her duty, [or for ]immoral conduct, or failure to meet 19
college or university performance and productivity requirements as determined in 20
accordance with subsection (2) of this section. A president, professor or teacher 21
shall not be removed until after thirty (30)[ten (10)] days' notice in writing, stating 22
the nature of the charges preferred, and after an opportunity has been given him or 23
her to make defense before the board by counsel or otherwise and to introduce 24
testimony which shall be heard and determined by the board. Officer, teacher, 25
professor, or agent appointment and removal decisions may be delegated to the 26
president in accordance with policy adopted by the board of trustees. 27 UNOFFICIAL COPY 25 RS HB 424/GA
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(2) President, teacher, and professor performance and productivity shall be evaluated 1
at least once every four (4) years using a process approved by the board. Failure 2
to meet performance and productivity requirements may result in removal of a 3
president, teacher, or professor regardless of status. The evaluation process shall 4
be established by the board and provided to all faculty members by January 1, 5
2026, to become effective July 1, 2026. 6
Section 3. KRS 164.830 is amended to read as follows: 7
(1) The board of trustees of the University of Louisville shall constitute a body 8
corporate, with the usual corporate powers, and shall possess all the authorities, 9
immunities, rights, privileges, and franchises usually attaching to the governing 10
bodies of Kentucky public higher educational institutions. A majority of the voting 11
members of the board shall constitute a quorum for the transaction of business. 12
Powers of the board shall include the following: 13
(a) Appointment of a president, all faculty members, and other personnel and 14
determination of the compensation, duties, and official relations of each. No 15
relative of a board of trustee member shall be employed by the university. 16
Faculty member and personnel appointment decisions may be delegated to 17
the president in accordance with policy adopted by the board of trustees; 18
(b) Suspension or removal of the president, officers, faculty, agents, or other 19
personnel that it is authorized to appoint, except that no president, professor, 20
or teacher shall be removed except for incompetence, neglect of or refusal to 21
perform his or her duty, [or for ]immoral conduct, or failure to meet college 22
or university performance and productivity requirements as determined in 23
accordance with paragraph (c) of this subsection. Any[ and that the] removal 24
shall be made in accordance with procedures established by law for state 25
institutions. Officer, faculty, agent, or other personnel removal decisions 26
may be delegated to the president in accordance with policy adopted by the 27 UNOFFICIAL COPY 25 RS HB 424/GA
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board of trustees; 1
(c) Creation of a process requiring the evaluation of the performance and 2
productivity of the president, professors, and teachers at least once every 3
four (4) years. Failure to meet performance and productivity requirements 4
may result in removal of a president, professor, or teacher regardless of 5
status. The evaluation process shall be established by the board and 6
provided to all faculty members by January 1, 2026, to become effective July 7
1, 2026; 8
(d) Election of a chairperson, a vice chairperson to act in the absence or 9
temporary disability of the chairperson, and any other officers as it deems 10
wise, including the annual election of a six (6) member executive committee 11
which shall have the powers that the board delegates to it and shall operate 12
under the rules the board shall establish under its authority to make bylaws, 13
rules, and regulations consistent with this chapter. The committee shall have 14
one (1) member representing the students, faculty, and nonteaching personnel 15
with the group alternating each year. The initial appointment to the executive 16
committee after March 21, 2017, shall be a faculty member, to be followed by 17
a student and a nonteaching personnel, respectively;[.] 18
(e)[(d)] Receipt, retention, and administration, on behalf of the university, 19
subject to the conditions attached, all revenues accruing from endowments, 20
appropriations, allotments, grants or bequests, and all types of property;[.] 21
(f)[(e)] Requirement of reports from the president, officers, faculty, and 22
employees as it deems necessary and proper from time to time;[.] 23
(g)[(f)] Granting degrees to graduates of the university, prescription of 24
conditions upon which postgraduate honors may be obtained, and conferment 25
of honorary degrees;[.] 26
(h)[(g)] The board shall periodically evaluate the institution's progress in 27 UNOFFICIAL COPY 25 RS HB 424/GA
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implementing its missions, goals, and objectives to conform to the strategic 1
agenda. Officers and officials shall be held accountable for the status of the 2
institution's progress; and[.] 3
(i)[(h)] The board shall adopt bylaws, rules, and regulations for the governance 4
of its members, officers, agents, and employees, which shall reference the 5
member removal and replacement provisions of KRS 63.080, and the board 6
shall enforce obedience to those bylaws, rules, and regulations. 7
(2) Board members shall receive no compensation for serving on the board, but shall be 8
reimbursed for travel expenses for attending meetings and performing other official 9
functions, consistent with the reimbursement policy for state employees. Board 10
members who reside outside the Commonwealth shall not be reimbursed for out-of-11
state travel expenses. 12
(3) The provisions of KRS 164.030, 164.200, and 164.410, shall be applicable to the 13
University of Louisville, except where inconsistent with the purposes of KRS 14
164.810 to 164.870. 15