KRS 164.5807: Governance and management of community colleges -- Transfer of funds

-- Rules governing employees -- Personnel system -- Courses for employees --

Rights and privileges of students -- Conflicts.

(1) Effective upon the affirmative completion of the reg ional accrediting agency's

substantive change process but not later than July 1, 1998, the board of trustees of

the University of Kentucky shall delegate to the board of regents of the Kentucky

Community and Technical College System the management responsi bilities for the

University of Kentucky Community College System, except for the Lexington

Community College. Responsibilities shall include, but not be limited to,

management of facilities and grounds, assets, liabilities, revenues, personnel,

programs, financial and accounting services, and support services. In this capacity,

the board shall receive and disburse funds and handle other financial matters. The

board of regents, in exercising its personnel management responsibilities, shall

establish the oper ating policies and procedures for the University of Kentucky

employees in the community colleges. The board of regents shall have the right to

appoint and dismiss personnel and to set the compensation for the employees. The

president and board of regents o f the Kentucky Community and Technical College

System shall have jurisdiction over the use and distribution of the resources to

operate the system effectively and efficiently.

(2) All funds that are appropriated to the University of Kentucky Community Coll ege

System or funds that are allocated in the University of Kentucky budget for

administering the community college system shall be transferred and allotted to the

board of regents for the benefit of the University of Kentucky Community College

System.

(a) The board may divide the assets and funds among the specific organizations

and institutions within the community college system to meet the mission of

the system.

(b) Funds held in escrow or invested solely for the purpose of a community

college and beque sts, and private funds specifically earmarked for a

community college may, at the discretion of that local community college, be

managed by the University of Kentucky or that local community college.

(c) Private funds, foundation funds, and funds raised by a not -for-profit or

nonprofit organization for the use and benefit of a specific program or

community college shall be used exclusively for that program or that

community college.

(3) Employees in the University of Kentucky Community College System as of the

effective date of the transfer of the management responsibilities of the University of

Kentucky Community College System to the Kentucky Community and Technical

College System shall be governed by the University of Kentucky administrative

regulations as of the effective date of the transfer and any subsequent changes made

by the university, except that appeals shall be to the board of regents or to the

board's designee. The following provisions shall apply:

(a) Accumulated sick leave, compensatory time, and annual leave as of the

effective date of the transfer shall be retained by each employee;

(b) Employees with tenure shall retain their tenure. Employees without tenure

shall earn tenure based on personnel policies in effect at the time of their

employment. New employees without tenure shall earn tenure based on the

new policies established by the board;

(c) Employees shall maintain a salary not less than their previous salary as of the

effective date of the transfer; and

(d) All employees hired as of t he effective date of the transfer shall be provided

the same benefit package available for other University of Kentucky

employees as it may be modified by the University of Kentucky for all

employees.

(4) A person employed as of the effective date of the t ransfer described in subsections

(1) and (3) of this section in a University of Kentucky Community College may

elect to participate in the new Kentucky Community and Technical College

personnel system. An employee who elects to accept this option may not r eturn to

the previous personnel policy. The employee shall have the right to exercise this

option at any time.

(5) New employees hired after July 1, 1997, in the Kentucky Community and Technical

College System and on and after July 1, 2004, at the Lexington Community College

shall be governed by the rules established by the board.

(6) A regular full-time employee may, with prior administrative approval, take one (1)

course per semester or combination of summer sessions on the University of

Kentucky's campus or at a community college during the employee's normal

working hours. The University of Kentucky shall defray the registration fee up to a

maximum of six (6) credit hours per semester or combination of summer sessions.

(7) Students enrolled in the Univers ity of Kentucky Community College System shall

have all of the responsibilities, privileges, and rights accorded to University of

Kentucky Community College System students as of the effective date of the

transfer described in subsections (1) and (3) of th is section. The privileges shall

include, but not be limited to, tickets to athletic events, homecoming queen

contests, the Great Teacher Award Contest, and the University of Kentucky

scholarship programs.

(8) If any conflict arises between the University of Kentucky board of trustees and the

Kentucky Community and Technical College board of regents relating to the

delegation of authority from the university to the board of regents in the transfer of

the Lexingt on Community College to the Kentucky Community and Technical

College System, the Council on Postsecondary Education shall resolve the conflict.

(9) Notwithstanding any statute to the contrary, the governance and management

responsibilities for the Lexingto n Community College are delegated to the

Kentucky Community and Technical College System. The agreement entitled

"Memorandum of Agreement Among the University of Kentucky, the Kentucky

Community and Technical College System and Lexington Community College

Pursuant to House Joint Resolution 214" signed by the respective institutions on

July 1, 2004, shall remain in force and effect after June 20, 2005.