148.0222 Kentucky Mountain Regional Recreation Authority -- Creation -- Status -
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/ky/148-0222A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
- Powers -- Purpose -- Governance -- Operation -- Membership -- Compliance
with special purpose governmental entities laws -- Employees.
(1)The Kentucky Mountain Regional Recreation Authority is hereby created and
established as an independent, de jure municipal corporation and political
subdivision of the Commonwealth and shall exercise all of the powers that a
corporation may lawfully exercise under the laws of the Commonwealth. The
authority shall be a public body corporate and politic and an instrumentality of the
Commonwealth, established with all the general corporate powers incidental
thereto. The authority shall be attached to the Kentucky Department for Local
Government for administrative purposes only. The authority shall be reauthorized
for five
(5)years from June 27, 2019, and may be renewed by the General
Assembly. The authority may adopt by laws and administrative regulations, subject
to KRS Chapter 13A, for the orderly conduct of its affairs.
(2)The purpose of the authority is to establish, maintain, and promote a recreational
trail system throughout the KMRRA to increase economic development, tourism,
and outdoor recreation for residents and visitors. The recreational trail system shall
be located with significant portions of the system situated on private property made
available for use through lease, license, easement, or other appropriate legal form by
willing landowners.
(3)The authority shall be governed by a board of directors consisting of representatives
from participating counties and the Commonwealth as provided in this section.
(4)The authority and board shall become operational when sixteen
(16)target counties
complete the requirements established by subsection (5)(a) of this section. When at
least sixteen
(16)target counties become participating counties, the commissioner
of the Department for Local Government shall notify the county judge/executive of
each of the participating counties, as well as the board members described in
subsection
(6)of this section, that the requirements have been met for the authority
and board to become operational. The commissioner shall also establish a date,
time, and place for an initial organizational meeting of the board, and shall serve as
interim chair of the initial organizational meeting until such time as a chair is
elected. The chair shall be a resident of a participating county.
(5)Any target county may become a participating county upon adoption of a resolution
or ordinance by the governing body of the county specifically approving the
county's participation in the KMRRA and submission of the adopted resolution or
ordinance to:
(a)The commissioner of the Department for Local Government if the resolution
or ordinance is adopted prior to the KMRRA becoming operational pursuant
to subsection
(4)of this section; or
(b)The KMRRA if the resolution or ordinance is adopted after KMRRA becomes
operational.
(6)The KMRRA board shall consist of the following members:
(a)The secretary of the Tourism, Arts and Heritage Cabinet or his or her
designee;
(b)The commissioner of the Department for Local Government or his or her
designee;
(c)The commissioner of the Department of Fish and Wildlife Resources or his or
her designee;
(d)If an executive director of the authority has been employed under subsection
(10)of this section, he or she shall serve as a nonvoting member, except in the
event of a tie vote of the board;
(e)One
(1)representative selected for each of the nine
(9)participating counties
as provided in subsection
(8)of this section, who shall be either:
1. The county judge/executive; or
2. The county judge/executive's designee, who shall be an individual
involved with economic development, tourism, recreation, or a related
area within the county;
(f)One
(1)state Representative who is from the KMRRA region shall serve as a
nonvoting member, appointed to a two
(2)year term by the Speaker of the
Kentucky House of Representatives, and shall not serve another term
consecutively with a prior term; and
(g)One
(1)state Senator who is from the KMRRA region shall serve as a
nonvoting member, appointed to a two
(2)year term by the President of the
Kentucky Senate, and shall not serve another term consecutively with a prior
term.
(7)The board membership of each county judge/executive or his or her designee shall:
(a)Begin with the county judge/executive's term of office; and
(b)End with the county judge/executive's term of office.
If a county judge/executive ceases to serve as the county judge/executive prior to
the end of his or her term, he or she shall be removed from the board, and his or her
replacement as county judge/executive shall serve on the board for the remainder of
the term.
(a)The twelve
(12)voting members of the board shall be:
1. The nine
(9)county judges/executive, or their designees, from different
KMRRA participating counties as described in subsection (6)(e) of this
section;
2. The secretary of the Tourism, Arts and Heritage Cabinet or his or her
designee;
3. The commissioner of the Department for Local Government or his or
her designee; and
4. The commissioner of the Department of Fish and Wildlife Resources or
his or her designee.
(b)The nine
(9)initial county representatives shall be the county judges/executive
of Breathitt, Martin, Perry, Knott, Leslie, Letcher, Pike, Magoffin, and Floyd
Counties or their designees in that order. The first three
(3)representatives
listed shall serve a three
(3)year term as voting members, the next three
representatives shall serve a two
(2)year term as voting members, and the
remaining three
(3)representatives shall serve a one
(1)year term as voting
members.
(c)After each term ends, the voting county representative shall be replaced by
one
(1)of the county judges/executive or his or her designee from one
(1)of
the target counties whose representative has not yet served as a voting
member.
(d)After the third year of operation, each new voting member shall serve a term
of three
(3)years, then step down and let a representative from the next county
in line alphabetically whose representative has not served as a voting member
take his or her place.
(e)Once representatives from all participating counties within KMRA have each
served one
(1)term, the rotation shall begin again.
(a)The board shall meet at least once annually to elect officers, establish a regular
meeting schedule, and perform other duties as may be prescribed in the
authority's bylaws. The board chair may call special meetings at any time.
(b)Notice of each meeting shall be made both in writing and electronically and
delivered to board members at least seven
(7)days before the scheduled
meeting date. Electronic mail alone is an acceptable form of notice of special
meetings, so long as it is sent to directors at least seven
(7)days before the
scheduled meeting date.
(c)Accommodations shall be made for remote attendance of each board meeting,
whether regular or special, through means such as video conferencing,
conference call, or similar services.
(d)The presence of a majority of the total voting members of the KMRRA board,
whether in person or remote, shall constitute a quorum. Vacant board
positions shall be counted against the quorum total necessary for board action.
(e)Board meetings shall be held exclusively within KMRRA participating
counties, and each meeting shall be held in a different participating county
until every participating county has hosted a meeting, at which time the cycle
shall begin again.
(10)The KMRRA board:
(a)Shall elect a chair, vice chair, secretary, treasurer, and any other officers as
established in the bylaws of the board;
(b)May appoint temporary and standing committees to accomplish the purposes
of KRS 148.0221 to 148.0225 and shall clearly describe the role,
responsibilities, and tenure of each committee so created;
(c)Shall adopt bylaws for the management and regulation of its affairs and all
other matters necessary to effect proper management and accountability of the
board. The bylaws shall include, at a minimum, the following:
1. The powers and duties of the board's members and the manner and
number of officers to be elected from among the board members; and
2. The terms, conditions, and manner in which a board member will be
removed;
(d)Shall review and approve an annual budget;
(e)Shall ensure that all administrative costs for operating the authority are paid
from funds accruing to the authority. The authority, its board, and its staff
shall incur no liability or obligation beyond the extent to which revenues have
been provided under KRS 148.0221 to 148.0225;
(f)May seek administrative and management assistance through written
agreement with state agencies, local area development districts, or local
governing bodies until such time as the board has secured sufficient funding
through grants, loans, fee systems, or any other funding source to hire staff;
and
(g)Shall employ an executive director to act as its chief executive officer to serve
at its will and pleasure once it is financially possible to do so.
(11)The authority shall comply with the provisions of KRS Chapter 65A.
(12)The executive director:
(a)Shall be a person who is domiciled in a KMRRA participating county;
(b)May, with permission of the board and approval of the commissioner of the
Department for Local Government or his or her designee, employ any other
hourly personnel considered necessary and retain temporary services. Pay
raises for any personnel shall require approval of the board and the
commissioner of the Department for Local Government or his or her designee;
(c)Shall carry out plans to implement KRS 148.0221 to 148.0225 and to exercise
those powers enumerated in the bylaws of the board;
(d)Shall, along with any staff with responsibilities so delegated by the executive
director, ensure that all minutes, records, and orders of the authority and its
board are complete and available for public inspection, if necessary;
(e)Shall prepare narrative and financial reports of the authority's fiscal
obligations and submit these reports to the board at regularly scheduled
meetings or as otherwise directed; and
(f)May cast a tiebreaking vote in board decisions, but shall not be permitted to
cast a vote under any other circumstances. Until such time as an executive
director is hired, the chairperson of the board shall make the final
determination in the event of a tie vote of the board.
(13)The executive director, all full-time or part-time personnel, all seasonal employees,
and all contractual employees, if any, shall be paid from funds accruing to the
authority and authorized in a budget approved by the board, unless the Department
for Local Government has temporarily taken on the responsibility of paying any of
those employees.
(14)Board members shall serve without compensation, but may be reimbursed for actual
and necessary travel expenses incurred in the performance of their duties, subject to Finance and Administration Cabinet administrative regulations. Board members may have their lodging reimbursed by KMRRA. Any reimbursement requests exceeding five hundred dollars ($500) per person shall be submitted to the Department for Local Government for approval.