CHAPTER 106
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1
CHAPTER 106
( HB 424 )
AN ACT relating to employment at public postsecondary education institutions.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 164.360 is amended to read as follows:
(1) (a) Each board of regents for the universities shall[may] appoint a president, [and on the recommendation
of the president may, in its discretion, ]appoint all faculty members and employees, and fix their
compensation and tenure of service, subject to the provisions of subsections (2) to (5)[subsection (2)] of
this section. Faculty member and employee appointment and removal decisions may be delegated to
the president in accordance with policy adopted by each board of regents.
(b) The board of regents for the Kentucky Community and Technical College System shall appoint a
president, [and on the recommendation of the president may, in its discretion, ]appoint all faculty
members and employees, and fix their compensation and tenure of service, subject to the provisions of
subsections (2) to (5)[subsection (2)] of this section. Faculty member and employee appointment and
removal decisions may be delegated to the president in accordance with policy adopted by the board
of regents.
(2) [No person shall be employed for a longer period than four (4) years. ]No person shall be employed at an
institution where his or her relative serves on the board of regents for that institution.
(3) Each board may remove the president of the university or Kentucky Community and Technical College
System and[, and upon the recommendation of] the president may remove any faculty member or
employee.[employees, but]
(4) No president or faculty member shall be removed except for cause, which shall include incompetency,
neglect of or refusal to perform his or her duty,[ or for] immoral conduct, or failure to meet college or
university performance and productivity requirements as determined in accordance with subsection (5) of
this section. A president or faculty member shall not be removed until after thirty (30)[ten (10)] days' notice in
writing, stating the nature of the charges preferred, and after an opportunity has been given him or her to make
defense before the board by counsel or otherwise and to introduce testimony which shall be heard and
determined by the board. Charges against a president shall be preferred by the chairperson of the board upon
written information furnished to him or her, and charges against a faculty member shall be preferred in writing
by the president unless the offense is committed in his or her presence.
(5) President and faculty member performance and productivity shall be evaluated at least once every four (4)
years using a process approved by each board. Failure to meet performance and productivity requirements
may result in removal of a president or faculty member regardless of status. The evaluation process shall be
established by each board and provided to all faculty members by January 1, 2026, to become effective July
1, 2026.
Section 2. KRS 164.230 is amended to read as follows:
(1) The board of trustees has full power to suspend or remove any of the officers, teachers, professors, or agents
that it is authorized to appoint, but no president, professor, or teacher shall be removed except for
incompetency, neglect of or refusal to perform his or her duty, [or for ]immoral conduct, or failure to meet
college or university performance and productivity requirements as determined in accordance with
subsection (2) of this section. A president, professor, or teacher shall not be removed until after thirty (30)[ten
(10)] days' notice in writing, stating the nature of the charges preferred, and after an opportunity has been
given him or her to make defense before the board by counsel or otherwise and to introduce testimony which
shall be heard and determined by the board. Officer, teacher, professor, or agent appointment and removal
decisions may be delegated to the president in accordance with policy adopted by the board of trustees.
(2) President, teacher, and professor performance and productivity shall be evaluated at least once every four
(4) years using a process approved by the board. Failure to meet performance and productivity
requirements may result in removal of a president, teacher, or professor regardless of status. The evaluation
process shall be established by the board and provided to all faculty members by January 1, 2026, to become
effective July 1, 2026. ACTS OF THE GENERAL ASSEMBLY 2
Section 3. KRS 164.830 is amended to read as follows:
(1) The board of trustees of the University of Louisville shall constitute a body corporate, with the usual corporate
powers, and shall possess all the authorities, immunities, rights, privileges, and franchises usually attaching to
the governing bodies of Kentucky public higher educational institutions. A majority of the voting members of
the board shall constitute a quorum for the transaction of business. Powers of the board shall include the
following:
(a) Appointment of a president, all faculty members, and other personnel and determination of the
compensation, duties, and official relations of each. No relative of a board of trustee member shall be
employed by the university. Faculty member and personnel appointment decisions may be delegated
to the president in accordance with policy adopted by the board of trustees;
(b) Suspension or removal of the president, officers, faculty, agents, or other personnel that it is authorized
to appoint, except that no president, professor, or teacher shall be removed except for incompetence,
neglect of or refusal to perform his or her duty, [or for ]immoral conduct, or failure to meet college or
university performance and productivity requirements as determined in accordance with paragraph
(c) of this subsection. Any[ and that the] removal shall be made in accordance with procedures
established by law for state institutions. Officer, faculty, agent, or other personnel removal decisions
may be delegated to the president in accordance with policy adopted by the board of trustees;
(c) Creation of a process requiring the evaluation of the performance and productivity of the president,
professors, and teachers at least once every four (4) years. Failure to meet performance and
productivity requirements may result in removal of a president, professor, or teacher regardless of
status. The evaluation process shall be established by the board and provided to all faculty members
by January 1, 2026, to become effective July 1, 2026;
(d) Election of a chairperson, a vice chairperson to act in the absence or temporary disability of the
chairperson, and any other officers as it deems wise, including the annual election of a six (6) member
executive committee which shall have the powers that the board delegates to it and shall operate under
the rules the board shall establish under its authority to make bylaws, rules, and regulations consistent
with this chapter. The committee shall have one (1) member representing the students, faculty, and
nonteaching personnel with the group alternating each year. The initial appointment to the executive
committee after March 21, 2017, shall be a faculty member, to be followed by a student and a
nonteaching personnel, respectively;[.]
(e)[(d)] Receipt, retention, and administration, on behalf of the university, subject to the conditions
attached, all revenues accruing from endowments, appropriations, allotments, grants or bequests, and all
types of property;[.]
(f)[(e)] Requirement of reports from the president, officers, faculty, and employees as it deems necessary
and proper from time to time;[.]
(g)[(f)] Granting degrees to graduates of the university, prescription of conditions upon which
postgraduate honors may be obtained, and conferment of honorary degrees;[.]
(h)[(g)] The board shall periodically evaluate the institution's progress in implementing its missions,
goals, and objectives to conform to the strategic agenda. Officers and officials shall be held accountable
for the status of the institution's progress; and[.]
(i)[(h)] The board shall adopt bylaws, rules, and regulations for the governance of its members, officers,
agents, and employees, which shall reference the member removal and replacement provisions of KRS
63.080, and the board shall enforce obedience to those bylaws, rules, and regulations.
(2) Board members shall receive no compensation for serving on the board, but shall be reimbursed for travel
expenses for attending meetings and performing other official functions, consistent with the reimbursement
policy for state employees. Board members who reside outside the Commonwealth shall not be reimbursed for
out-of-state travel expenses.
(3) The provisions of KRS 164.030, 164.200, and 164.410, shall be applicable to the University of Louisville,
except where inconsistent with the purposes of KRS 164.810 to 164.870.
Veto Overridden March 27, 2025.