164.5807 Governance and management of community colleges -- Transfer of funds
955 words·~4 min read·
/ky/164-5807A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
-- Rules governing employees -- Personnel system -- Courses for employees --
Rights and privileges of students -- Conflicts.
(1)Effective upon the affirmative completion of the regional 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 responsibilities 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 operating 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 of 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 College
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 bequests, 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 the 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 transfer 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 return 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
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 University 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 this 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 Lexington 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 Lexington 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.