Wednesday, August 19, 2020

The Kentucky Association of Counties held a special Board of Directors' meeting, pursuant to proper notice given in accordance with KRS 61.823, at 12:30 p.m. on Wednesday, August 19, 2020. This meeting was held in person at 400 Englewood Drive in Frankfort, Kentucky and via video teleconference.

The roll was called. The following Directors participated in person: President Gary Moore, Boone Co. Judge/Executive; Jodi Albright, Laurel Co. Attorney; Alex Barnett, Harrison Co. Judge/Executive; Elbert Bennett Caldwell Co. Magistrate; Kevin Corman, Jessamine Co. Sheriff; Casey Ellis, Owen Co. Judge/Executive; Larry Foxworthy, Fleming Co. Judge/Executive; Orbrey Gritton, Anderson Co. Judge/Executive; Doug Hall, Floyd Co. Circuit Court Clerk; Jeff Hancock, Franklin Co. Clerk; Steve Henry, Webster Co. Judge/Executive; John Hunt, Floyd Co. Sheriff; Michael Logsdon, Oldham Co. Magistrate; David Nicholson, Jefferson Co. Circuit Court Clerk; Jimmy Pollard, Henry Co. Coroner; Phil Sammons, Boyle Co. Magistrate. The following Directors participated via video teleconference: Hollis Alexander, Trigg Co. Judge/Executive; Perry Co. Judge/Executive Scott Alexander; Logan Chick, Logan Co. Judge/Executive; Randy Dial, Casey Co. Judge/Executive; Chuck Dills, Grant Co. Judge/Executive; Gary Gardner, Hart Co. Magistrate; Commonwealth Attorney John Gardner; Martin Hatfield, Pulaski Co. Attorney; Kenny Imes, Calloway Co. Judge/Executive; Amy Milliken, Warren Co. Attorney; Sue Carole Perry, Shelby Co. Clerk; John Phelps, Cumberland Co. Judge/Executive; Rick Stiltner, Menifee Co. Judge/Executive; Reagan Taylor, Madison Co. Judge/Executive; Tommy Turner, LaRue Co. Judge/Executive; David Voegele, Oldham Co. Judge/Executive and Mike Welsh, Metcalfe Co. PVA. Absent were: Christian Co. Jailer Brad Boyd and Mike Malone, Carter Co. Judge/Executive.

Others present included: Jim Henderson, Executive Director/CEO; Tim Sturgill, General Counsel; Shellie Hampton, Legislative Director; Karen Basham, Chief Financial Officer; Jon Sharp, IT Manager; and Sonya Chesser, Chief Administrative Officer/Executive Assistant to CEO. Others participating via teleconference included: Jennifer Burnett, Director of Research; Temple Juett, Director of Insurance; Grant Satterly, Director of Financial Services; Rich Ornstein, Staff Attorney; Kris Dunn, Underwriting Manager; Crystal Hellard, Litigated Claims Specialist; Gracie Lagadinos, Legislative Associate; and Beth Pleasant, Travel Coordinator/Administrative Assistant.

President Moore called the meeting to order at 12:37 p.m.

Invocation was given by President Moore.

The purpose of the meeting was to discuss the 46th Annual KACo Conference & Exposition scheduled for Oct. 28 - 30 at the Galt House Hotel in Louisville, Ky.

President Moore sought input from the board concerning moving forward with holding an in-person conference or to offer a virtual and/or hybrid option instead. He provided information that Ms. Chesser had gathered from another organization that recently held an in-person conference at the Galt House and discussed the guidelines that the hotel has implemented to ensure the health and safety of the guests.

Mr. Henderson provided a list of 37 state associations and their decisions to hold an in person, virtual, cancel or offer a hybrid type conference. He said KACo sent out a survey to members that attended last year's conference to determine how likely they would attend this year's conference. Over 100 responded with a strong indication that many would attend on the condition of being able to social distance, that everyone be required to wear a face covering and would depend on the pandemic situation and riots in downtown Louisville at the time of the conference.

Mr. Henderson asked Mr. Nicholson to provide an update on the ongoing and future threats of civil disturbance in Louisville Metro surrounding the death of Breonna Taylor.  He said he has moved his office's operations department from downtown Louisville to Bowman Field.  He said protestors continue to be onsite at numerous times during the day and night and recommended not venturing out past the hotel as restaurants and other venues have closed due to the riots. Mr. Nicholson said the city has seen a 400% increase in carjackings.

Ms. Chesser suggested reducing the three day conference to one or two days should the board decide to hold it in-person. She also expressed concern with having adequate staff to work the conference based on the responses received from a staff survey. She felt she would have a similar issue in being able to find speakers willing to present in-person.

Mr. Henderson said KCJEA and KMCA moved their in-person joint summer conference to a virtual platform that will take place Sept. 29 - Oct. 1. Other affiliate associations have either postponed or cancelled their conferences.

There was discussion concerning the safety of attendees should the grand jury take up the Breonna Taylor case within the timeframe of the conference. Mr. Nicholson said Ms. Taylor's death has spurred national attention and that elected county officials could be targeted.

Mr. Henderson said cancelling the in-person conference will not adversely impact KACo because it is not a net income producer as all the money is invested back into the conference.

Ms. Chesser said the hotel has indicated that they would waive the cancellation fee if KACo booked another year with the hotel. The next available year would be 2024.

There was discussion by several board members to move forward in cancelling the in-person conference and switch to a virtual platform for this year's conference.

Motion made by Orbrey Gritton, seconded by Michael Logsdon, to keep the conference dates as is but move to a virtual platform.

Mr. Henderson explained the virtual platform process and how it will differ from having an in-person conference.

There was discussion of moving the conference dates to allow the county clerks to participate.

Motion made by Orbrey Gritton, seconded by Michael Logsdon, to amend the motion to move the conference and annual business meeting to a virtual platform. Motion carried.

Mr. Henderson asked the board to authorize staff to commit with the Galt House Hotel for a future conference in order to avoid possible cancellation fees that the hotel maintains are applicable to any cancellation.

Motion made by Alex Barnett, seconded by Jody Albright, to terminate the contract with the Galt House Hotel based upon the force majeure provision of the agreement and to allow staff to work with the hotel to schedule a future conference at the hotel. Motion carried.

President Moore announced that Judge Tommy Turner is retiring as LaRue Co. Judge/Executive at the end of August.

Motion made by Orbrey Gritton, seconded by David Nicholson, to adjourn the meeting at 1:54 p.m. Motion carried.

Thursday, June 25, 2020

The Kentucky Association of Counties held a special Board of Directors' meeting, pursuant to proper notice given in accordance with KRS 61.823, at 12:50 p.m. on Thursday, June 25, 2020. This meeting was held in person at 400 Englewood Drive in Frankfort, Kentucky and via video teleconference.

The roll was called. The following Directors participated in person: President Gary Moore, Boone Co. Judge/Executive; Jodi Albright, Laurel Co. Attorney; Hollis Alexander, Trigg Co. Judge/Executive; Alex Barnett, Harrison Co. Judge/Executive; Elbert Bennett Caldwell Co. Magistrate; Kevin Corman, Jessamine Co. Sheriff; Chuck Dills, Grant Co. Judge/Executive; Gary Gardner, Hart Co. Magistrate; Orbrey Gritton, Anderson Co. Judge/Executive; Doug Hall, Floyd Co. Circuit Court Clerk; Jeff Hancock, Franklin Co. Clerk; John Hunt, Floyd Co. Sheriff; Michael Logsdon, Oldham Co. Magistrate; David Nicholson, Jefferson Co. Circuit Court Clerk; Jimmy Pollard, Henry Co. Coroner; Phil Sammons, Boyle Co. Magistrate; Rick Stiltner, Menifee Co. Judge/Executive; Reagan Taylor, Madison Co. Judge/Executive; and Mike Welsh, Metcalfe Co. PVA. The following Directors participated via video teleconference: Logan Chick, Logan Co. Judge/Executive; Randy Dial, Casey Co. Judge/Executive; Casey Ellis, Owen Co. Judge/Executive; Larry Foxworthy, Fleming Co. Judge/Executive; Martin Hatfield, Pulaski Co. Attorney; Steve Henry, Webster Co. Judge/Executive; Kenny Imes, Calloway Co. Judge/Executive; Mike Malone, Carter Co. Judge/Executive; Amy Milliken, Warren Co. Attorney; Sue Carole Perry, Shelby Co. Clerk; John Phelps, Cumberland Co. Judge/Executive; Tommy Turner, LaRue Co. Judge/Executive; and David Voegele, Oldham Co. Judge/Executive. Absent were: Perry Co. Judge/Executive Scott Alexander; Christian Co. Jailer Brad Boyd; and Commonwealth Attorney John Gardner.

Others participating in person included: Jim Henderson, Executive Director/CEO; Karen Basham, Chief Financial Officer; Temple Juett, Director of Insurance; Rich Ornstein, Staff Attorney; Kelly Harding, Peel & Holland/KACo Benefits Group Marketing Agent; Jon Sharp, IT Manager; Jeremy McCann, Computer Software Developer; Beth Pleasant, Administrative Assistant/Travel Coordinator; and Sonya Chesser, Chief Administrative Officer/Executive Assistant to CEO. Other participating via teleconference: Jennifer Burnett, Director of Research; Shellie Hampton, Director of Governmental Affairs; Marie Skinner, Accountant/UI Manager;  Bruce Lawson, Senior Accountant; Chris Cohron, Commonwealth Attorney; John Ward, Hardin Co. Sheriff; Mack Bushart, Executive Director, Kentucky PVA Association; Jerry Wagner, Executive Director, Kentucky Sheriffs Association; Todd Ruckel, Lewis Co. Judge/Executive; and Stevie Givens, Butler Co. Magistrate.

President Moore called the meeting to order at 12:50 p.m.

Squire Gardner led the Pledge of Allegiance to the Flag of the United States of America and gave the invocation.

Judge Gritton led the Pledge of Allegiance to the Flag of the Commonwealth of Kentucky.

President Moore welcomed new board members: Floyd Co. Circuit Court Clerk Doug Hall, president of the Kentucky Circuit Court Clerk Association and Henry Co. Coroner Jimmy Pollard, designee for the Kentucky Coroners Association. Mr. Pollard is serving on behalf of its Association president, Gordon Hicks, Wayne Co. Coroner.

Motion made by Michael Logsdon, seconded by Mike Welsh, to approve the minutes of the March 26, 2020 and April 30, 2020 meetings as mailed.  Motion carried.

Ms. Basham presented and discussed the financial statement for period ending May 31, 2020.

Motion made by Orbrey Gritton, seconded by Gary Gardner, to acknowledge receipt of the financial report as presented. Motion carried.

Ms. Basham presented and discussed the FY 2020/21 proposed budget for the board's consideration. Mr. Henderson answered questions from the Board pertaining to the proposed budget.

Motion made by Orbrey Gritton, seconded by David Nicholson, to approve the FY 2020/21 budget as presented.  Motion carried.

Ms. Basham presented and discussed the FY 2020/21 program administration agreements between KACo and the following KACo programs: the Kentucky Association of Counties Insurance Agency, Inc.; the Kentucky Association of Counties Workers Compensation Self-Insurance Fund; the Kentucky Association of Counties All Lines Fund; the Kentucky Association of Counties Leasing Trust; the Kentucky Association of Counties Unemployment Insurance Fund; and the Commonwealth Insurance Company, Inc. The agreements are for a one-year term, beginning July 1, 2020 and ending June 30, 2021.

Motion made by Rick Stiltner, seconded by Hollis Alexander, to approve the FY 2020/21 program administration agreements as presented. Motion carried.

President Moore said the KACo Presidential Scholarship Committee made up of Mike Welsh, Judge Rick Stiltner, Judge David Voegele, Judge Kenny Imes; and Judge Larry Foxworthy did an outstanding job selecting Bryce Chenot as the recipient of KACo's 20th annual Presidential Scholarship. Mr. Chenot will attend Northern Kentucky University in the fall and major in education. While at Boone County High School, Mr. Chenot excelled in the classroom and in athletic competition serving as a captain of the football and wrestling teams. His senior year, he finished fourth in the region in his wrestling weight class and qualified for the state wrestling tournament. He also lettered in speech and debate, and he took dual-credit courses amassing 24 hours of college credit. Mr. Chenot is a former member of the Cincinnati Boys Choir and the acapella group The Beaux Ties.

Mr. Henderson requested no change in dues for the KACo Associate Membership program for FY 2020/21. He asked that the annual fee remain at $250.00.

Motion made by Jeff Hancock, seconded by Tommy Turner to approve the KACo Associate Membership annual dues remaining at $250.00 for FY 2020/21.  Motion carried.

President Moore requested approval to ratify memorial resolutions for former Casey Co. Sheriff and Judge/Executive Carl Meece, former Casey Co. Jailer Mildred Buis Brown, and former Metcalfe Co. Circuit Court Clerk Teddy Rogers Ray and to approve memorial resolutions for former KACo Employee Larry Davis, former Daviess Co. Commissioner Jim Lambert, former Pike Co. Judge/Executive and Sheriff Bill Deskins, former Harlan Co. Attorney William Rice, former Simpson Co. Magistrate Larry Randolph, former Mercer Co. Magistrate John "J. B." Claunch, and former Carlisle Co. Magistrate Jerry Jennings.

Motion made by Mike Welsh, seconded by John Hunt, to ratify and approve the memorial resolutions as presented. Motion carried.

Judge Turner said former Adair Co. Judge/Executive Richard Lee Walker recently passed away and Mr. Welsh said Bullitt Co. PVA Depp Rasner II also passed away. President Moore said memorial resolutions would be prepared and presented at the next regularly scheduled board meeting for approval.

A moment of silence was held in memory of the county officials that passed recently.

President Moore requested approval of the following appointments:

On the NACo Board of Directors, reappoint Jefferson Co. Circuit Clerk David Nicholson to serve as Kentucky's representative, Oldham Co. Magistrate Michael Logsdon to represent Kentucky as a 100% state, and Warren Co. Attorney Amy Milliken to represent Kentucky as a Top 12 state for one-year terms to begin July 2020 and to expire at the annual NACo Business Meeting in July of 2021.

Motion made by Gary Gardner, seconded by Jimmy Pollard, to reappoint Jefferson Co. Circuit Clerk David Nicholson, Oldham Co. Magistrate Michael Logsdon and Warren Co. Attorney Amy Milliken as the KACo representatives to the NACo Board of Directors for a one-year term.  Motion carried.

Reappoint Oldham Co. Magistrate Michael Logsdon to the KACo Workers Compensation Fund Board for a three-year term to begin July 1, 2020 and to expire June 30, 2023.

Motion made by Gary Gardner, seconded by David Nicholson, to reappoint Oldham Co. Magistrate Michael Logsdon to the KACo Workers Compensation Fund Board for a three-year term.  Motion carried.

Appoint Calloway Co. Judge/Executive Kenny Imes, Hart Co. Magistrate Gary Gardner, Boyle Co. Magistrate Phil Sammons, Floyd Co. Sheriff John Hunt, and Owen Co. Judge/Executive Casey Ellis to the KACo Nominating Committee for 2020.

Motion made by Hollis Alexander, seconded by Reagan Taylor, to appoint Calloway Co. Judge/Executive Kenny Imes, Hart Co. Magistrate Gary Gardner, Boyle Co. Magistrate Phil Sammons, Floyd Co. Sheriff John Hunt, and Owen Co. Judge/Executive Casey Ellis to the KACo Nominating Committee for 2020.  Motion carried.

President Moore said if anyone is interested in serving on a NACo steering committee for the upcoming fiscal year to let him or Mr. Henderson know.

President Moore said KACo would be accepting Letters of Intent from those interested in running for 2nd Vice President. The form will be posted on KACo's website starting tomorrow. He reminded the board that no more than one member of the Executive Committee shall be from the same county and no more than two members of the Executive Committee shall be members of the same affiliate association. During the upcoming term, there will be two judge/executives, one magistrate and one county attorney returning to the Executive Committee from Boone, Boyle, Madison and Warren Counties. Letters of Intention must be received by September 29, 2020.

Mr. Henderson presented the FY 2019/20 annual report and provided an overview of its content. The 25 page report, which was created and published in house, included board and staff information, membership and member engagement statistics, KACo's involvement with the National Association of Counties (NACo) including, but not limited to, President Gary Moore becoming NACo's president-elect. The report highlighted advocacy wins for the counties during the 2020 legislative session, data on training and education, research and communications, information on financial services and the insurance programs as well as KACo's support to counties during the COVID-19 pandemic.

President Moore presented and discussed an employment agreement between KACo and Jim Henderson. He said on May 3, 2019 the board agreed to hire Mr. Henderson as executive director for one year with no employment agreement in place. President Moore said the board agreed to move forward with an employment agreement in early spring of 2020. However, that process was delayed due to the COVID pandemic. He said Mr. Henderson did not necessarily want an agreement but the Executive Committee determined an agreement was needed to offer guidelines and have precautions in place for KACo, all of which is within the agreement including a non-compete agreement. The agreement commences on June 26, 2020 and shall continue until terminated by either party at any time. He said the Executive Committee unanimously recommends its approval as proposed.

Judge Voegele questioned Section 3(a) of the employment agreement, which gives the Executive Committee the authority to award Mr. Henderson a lump-sum performance award, an additional salary increase or both if the Executive Committee determines that such action is warranted based upon performance and the overall financial condition of the association and its programs. Any combination of performance award or salary increase awarded by the Executive Committee cannot exceed ten percent (10%) of Henderson's salary unless approved by the Board of Directors. Judge Voegele felt that the KACo Board should be granted the authority instead of the Executive Committee.

There being no further questions, motion made by Hollis Alexander, seconded by Orbrey Gritton, to approve the employment agreement between KACo and Mr. Henderson as presented. Motion carried unanimously.

Mr. Henderson said he appreciated the board's confidence and said he loves his job in his role as executive director.

Judge Turner said he would like for the board to be provided annually with an employee roster, including all salaries and brief job descriptions in order for the board to be better informed. President Moore agreed that transparency is good and is proud of the tremendous improvements that KACo has made over the years to make KACo such a great organization.  He asked Mr. Henderson to provide an update on the HR strategy that he is working on internally.  Mr. Henderson said he is implementing a compensation study this fall to ensure that employees are being paid appropriately for the jobs they do. Once the study is complete, Mr. Henderson will present the findings to the Board. President Moore said if anyone would like to request a list of employees, to ask Mr. Henderson for it.

Motion made by Tommy Turner for the board to receive a list of every KACo employee, a brief job description, and income reported on each employee's prior year W2s. Motion was seconded by David Voegele.

President Moore recommended that the salaries be provided once the compensation study is complete. He then asked Judge Turner for a timeline.  Judge Turner asked that the information be sent out now.

Squire Gardner recommended that the issue be tabled.

Mr. Ornstein said this is a special meeting and limited to only the items listed on the agenda.

Judge Turner withdrew the motion based on Mr. Ornstein's recommendation and Judge Voegele withdrew his second.

President Moore provided information on NACo's virtual Annual Business Meeting scheduled for July 20th at 2 p.m. He said NACo has two candidates running for the position of second vice president and encouraged everyone to register for this free event so votes could be cast in this election. President Moore said members will also be voting on policy resolutions and policy platforms including emergency resolutions. Also, on July 20th, Judge Moore will be sworn in as NACo President.  Mr. Henderson said this will be the second time that a Kentuckian will be president of NACo. He said more information will be forthcoming concerning a celebration honoring Judge Moore's NACo presidency, which will take place upon conclusion of the Annual Business Meeting.

President Moore said he plans to call a special meeting in late July or early August to discuss a strategic plan and set KACo's policy positions. He said Judge Taylor will become chair of the KACo Legislative Committee on July 1 and asked that the board work with Judge Taylor concerning policy issues. Judge Taylor said the KACo Board, which represents each region in the Commonwealth and each affiliate group, will be the body to help move KACo forward as relates to advocacy during the upcoming legislative session.

President Moore said the KACo team was heavily involved in working with the Governor's office concerning the CARES Act funds that Kentucky received for eligible expenses related to COVID-19. KACo partnered with the Kentucky League of Cities seeking an equal allocation of funds for counties and cities totaling $300 million with Louisville Metro Government excluded as they had received a direct allocation from Congress. Of that, $50 million will be held back from the full allocation for future expenses, while $250 million will be made available immediately for eligible expenses. President Moore said salaries for sheriff offices are among the expenditures eligible to receive reimbursement due to COVID. 
Sheriff Corman asked how the money was derived between the counties and cities. Mr. Henderson said the $150 million that the counties received was divided among 119 counties with the distribution based on population. He said the cities also divided their distribution based on population.

The next regularly scheduled quarterly board meeting will be held September 24th at 1:00 p.m.

Motion made by Rick Stiltner, seconded by Gary Gardner, to adjourn the meeting at 2:53 p.m.  Motion carried.