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The Kentucky Association of Counties held a special Board of Directors' meeting, pursuant to proper notice given in accordance with KRS 61.823, at 2:15 p.m. on Thursday, March 26, 2020 via teleconference.
The roll was called. The following Directors participated via teleconference: President Gary Moore, Boone Co. Judge/Executive; Elbert Bennett Caldwell Co. Magistrate; Jodi Albright, Laurel Co. Attorney; Hollis Alexander, Trigg Co. Judge/Executive; Scott Alexander, Perry Co. Judge/Executive; Alex Barnett, Harrison Co. Judge/Executive; Logan Chick, Kevin Corman, Jessamine Co. Sheriff; Randy Dial, Casey Co. Judge/ Executive; Chuck Dills, Grant Co. Judge/Executive; Casey Ellis, Owen Co. Judge/Executive; Larry Foxworthy, Fleming Co. Judge/Executive; Gary Gardner, Hart Co. Magistrate; John Gardner, Commonwealth Attorney; Gary Ginn, Fayette Co. Coroner; Orbrey Gritton, Anderson Co. Judge/Executive; Jeff Hancock, Franklin Co. Clerk; Greg Helton, Knox Co. Circuit Court Clerk; John Hunt, Floyd Co. Sheriff; Kenny Imes, Calloway Co. Judge/Executive; Michael Logsdon, Oldham Co. Magistrate; Amy Milliken, Warren Co. Attorney; David Nicholson, Jefferson Co. Circuit Court Clerk; Sue Carole Perry, Shelby Co. Clerk; John Phelps, Cumberland Co. Judge/Executive; Phil Sammons, Boyle Co. Magistrate; 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.
Others participating included: Jim Henderson, Executive Director/CEO; Karen Basham, Chief Financial Officer; Tim Sturgill, General Counsel; Temple Juett, Director of Insurance; Rich Ornstein, Staff Attorney; Jennifer Burnett, Director of Research; Kelly Harding, Peel & Holland/KACo Benefits Group Marketing Agents; Sonya Chesser, Executive Assistant/Conference & Events Manager.
President Moore called the meeting to order at 2:20 p.m.
The invocation was given by Judge Hollis Alexander.
Motion made by Phil Sammons, seconded by Orbrey Gritton, to approve the minutes of the November 20, 2019 and December 19, 2019 as mailed. Motion carried.
Ms. Basham presented and discussed the financial statement for period ending February 29, 2020. She said KACo paid the NACo dues on behalf of the 120 counties for calendar year 2020. Ms. Basham also provided an update on KACo's investments, which will continue to take a hit given the recent global Coronavirus pandemic that has negatively affected the stock market.
Motion made by Jeff Hancock, seconded by Chuck Dills, to approve the financial report as presented. Motion carried.
Ms. Basham said KACo sent out a request for proposal for auditing services. She said Deming, Malone, Livesay and Ostroff, PLLC and Mountjoy Chilton Medley, LLP each submitted a response to provide auditing services for FY 2019/20. She said the Executive Committee recommends that the Board accept the proposal by Mountjoy Chilton Medley, LLP for a three year term with an option for an additional three years.
Motion made by Tommy Turner, seconded by Gary Gardner to approve the auditing services of Mountjoy Chilton Medley, LLP. Motion carried.
President Moore asked for volunteers to serve on the 2020 KACo Presidential Scholarship Award committee. The following agreed to serve: Metcalfe Co. PVA Mike Welsh, Menifee Co. Judge/Executive Rick Stiltner, Oldham Co. Judge/Executive David Voegele, Calloway Co. Judge/Executive Kenny Imes; Fleming Co. Judge/Executive Larry Foxworthy with Perry Co. Judge/Executive Scott Alexander as an alternate.
President Moore requested approval to ratify resolutions in memory of former Taylor Co. Clerk Randall Phillips and former Simpson Co. Magistrate Charles McCutchen and to approve a resolution in memory of former Nelson Co. PVA Francis Harold Metcalfe.
Motion made by Orbrey Gritton, seconded by Elbert Bennett, to ratify resolutions in memory of former Taylor Co. Clerk Randall Phillips and former Simpson Co. Magistrate Charles McCutchen and to approve a resolution in memory of former Nelson Co. PVA Francis Harold Metcalfe as emailed. Motion carried.
President Moore presented and discussed the FY 2020/21 membership dues structure. In light of the recent challenges facing counties due to the COVID-19 pandemic, and upon staff's recommendation, he proposed waiving the KACo membership dues for all Kentucky counties for the upcoming fiscal year. Mr. Henderson assured the board that KACo would remain financially secure in waiving the dues.
Motion made by Larry Foxworthy, seconded by Phil Sammons, to waive the county membership dues for FY 2020/21. Motion carried.
President Moore said a letter would be sent to each county notifying them of the board action to waive dues for FY 2020/21.
Mr. Henderson presented and discussed a draft a board travel policy for the board's consideration.
Motion made by Orbrey Gritton, seconded by Michael Logsdon, to adopt the board travel policy as presented. Motion carried.
President Moore requested approval to appoint Cumberland Co. Judge/Executive John Phelps to the KACo Audit Committee for a term beginning immediately and expiring December 31, 2020.
Motion made by Gary Gardner, seconded by Logan Chick, to approve the appointment of Cumberland Co. Judge/Executive John Phelps to the KACo Audit Committee for a term beginning immediately and expiring December 31, 2020. Motion carried with Judge Phelps abstaining.
Mr. Henderson provided the board with an electronic summary of his executive director's report for March. He said he wanted to make sure that KACo is providing the counties with relevant and county centered information during the COVID-19 outbreak and encouraged the board to let him know if KACo could offer additional assistance. He said NACo is a tremendous resource and encouraged everyone to take advantage of information NACo sends out via email and conference calls. He said the KACo staff is primarily working remotely from home with no disruption in the service provided to its members. He offered an update on each program and reiterated that KACo is well positioned financially during this crisis.
President Moore, giving a president's report, said counties are being tested given the pandemic that has impacted the economy. He thanked the KACo team for being flexible and for those on the call today. He said the NACo team lobbied successfully in getting local governments included in the stimulus package for potential funding coming through Congress and provided an update on the recently passed stimulus package. President Moore said the NACo travel for April and May has been discontinued.
The next regularly scheduled quarterly board meeting will be held June 25th at 1:00 p.m.
Motion made by Tommy Turner, seconded by Michael Logsdon, to adjourn the meeting at 3:13 p.m. Motion carried.
The Kentucky Association of Counties held a special Board of Directors' meeting, pursuant to proper notice given in accordance with KRS 61.823, at 10:30 a.m. on Thursday, April 30, 2020 via teleconference.
The roll was called. The following Directors participated via teleconference: President Gary Moore, Boone Co. Judge/Executive; Jodi Albright, Laurel Co. Attorney; Elbert Bennett, Caldwell Co. Magistrate; Alex Barnett, Harrison Co. Judge/Executive; Logan Chick, Logan Co. Judge/Executive; Kevin Corman, Jessamine Co. Sheriff; Chuck Dills, Grant Co. Judge/Executive; Casey Ellis, Owen Co. Judge/Executive; Larry Foxworthy, Fleming Co. Judge/Executive; Gary Gardner, Hart Co. Magistrate; John Gardner, Commonwealth Attorney; Orbrey Gritton, Anderson Co. Judge/Executive; Jeff Hancock, Franklin Co. Clerk; Martin Hatfield, Pulaski Co. Attorney; Steve Henry, Webster Co. Judge/Executive; John Hunt, Floyd Co. Sheriff; Kenny Imes, Calloway Co. Judge/Executive; Michael Logsdon, Oldham Co. Magistrate; Mike Malone, Carter Co. Judge/Executive; Amy Milliken, Warren Co. Attorney; David Nicholson, Jefferson Co. Circuit Court Clerk; Sue Carole Perry, Shelby Co. Clerk; John Phelps, Cumberland Co. Judge/Executive; Phil Sammons, Boyle Co. Magistrate; 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.
Others participating included: Jim Henderson, Executive Director/CEO; Karen Basham, Chief Financial Officer; Tim Sturgill, General Counsel; Shellie Hampton, Legislative Director; Grant Satterly, Director of Financial Services; Jennifer Burnett, Director of Research; Gracie Lagadinos, Legislative Associate; Mack Bushart, Executive Director, Kentucky PVA Association; J. C. Young, Executive Director, Kentucky Magistrates and Commissioners Association; Vince Lang, Executive Director, Kentucky County Judge/Executive Association; Jerry Wagner, Executive Director, Kentucky Sheriffs Association; and Sonya Chesser, Chief Administrative Officer/Executive Assistant to CEO.
President Moore called the meeting to order at 10:37 a.m.
The purpose of the meeting was to conduct a caucus to discuss reopening county economies.
President Moore said the KACo workload continues to flow really well as the majority of the staff work remotely from home while others are practicing social distancing in the office. He thanked Mr. Henderson for his leadership in providing a safe work environment for KACo employees.
There was discussion concerning qualified expenses eligible for reimbursement through the CARES Act, in which Kentucky received $1.7 billion. KACo and the Kentucky League of Cities (KLC) are working jointly with the Governor's office to allocate a portion of the funds to counties and cities. Mr. Henderson said KACo and KLC are lobbying for 45% of the $1.7 billion to be set aside for counties and cities. President Moore discussed a possible fourth federal revenue recovery package for cities, counties and states as it relates to COVID-19. He said if this happens, he encouraged the board to contact Senator McConnell, Senator Paul and members of the House to lobby to have those funds distributed, based on population, directly to the counties and cities rather than through the state.
President Moore asked each affiliate group to provide a report as to what their Association is hearing from the Governor's office and other leaders as well as guidelines that their offices have implemented within their area of the state.
Mr. Hancock, speaking on behalf of the County Clerks, said with the primary election being moved to June 23rd there is some concern with being able to communicate the changes to the voting process to the 3.5 million voters across the state. He asked KACo for help in getting the message out as to the revised voting process once it is finalized by the State Board of Elections. He said the second concern is the 20% decrease in tax collections given that county clerks are fee based offices.
Mr. Nicholson, speaking on behalf of the Circuit Court Clerks, said the Chief Justice has formed a task force for reopening the courts, divided by three areas including district, family and circuit court and it will be a phased in approach. He said given the case load and back log, the courts will be working with the Kentucky County Attorneys Association to determine whether an amnesty program can be implemented. He said Circuit Court Clerks provide an essential service and, in Jefferson County, staffing is 50-50 with employees splitting weeks of work in the office. Locally, the COVID spread continues to be primarily in nursing home facilities. He said the Court of Justice has provided acrylic barriers and washable mask for employees. Mr. Nicholson said the Chief Justice and the Governor are working together as it relates to driver's license and I.D.'s. These services will not open before June 1.
Mr. Gardner, speaking on behalf of the Commonwealth Attorneys, said Commonwealth Attorneys are operating under the Chief Justice's order with offices remaining shutdown for most court proceedings until May 31. They are also awaiting to hear from the Task Force on guidelines and dates for reopening. He said grand juries have been suspended while the order is in place so cases cannot be processed until the order is lifted which is creating a significant back log. He said, once the courts reopen, the courtroom setting will change given the limited number of people that can safely be present at one time.
Ms. Milliken, speaking on behalf of the County Attorneys, outlined steps that have been taken in her office in regards to social distancing and ordering masks for everyone in the prosecution and child support departments. She said child support services is a huge issue since a lot people are out of work because of COVID-19 and, with roughly150 child support cases a day, it will also change the process in handling those cases. There is also a concern with the back log of cases when the courts reopen. She said her office is managing a lot of phone calls relating to evictions, when businesses can reopen, voting, and concerns by attorneys and staff facing furlough due to lack of funds because of the closure.
Mr. Hatfield, president of the Kentucky County Attorneys Association, echoed the comments by Ms. Milliken and said all county attorneys are facing similar issues. He said his county is holding preliminary hearings and arraignments virtually and that his office is considering an amnesty program, which he will discuss with the Association board for its membership to consider. He said there have been a few incidents across the state in which county attorneys have had to go to court to enforce health departments quarantine orders. Both Ms. Milliken and Mr. Hatfield affirmed that counties do not have the legal authority to enforce the Order - only health departments can do that - but county attorneys are there to assist and support the health departments when needed.
Judge Phelps, president of the Kentucky County Judge/Executive Association, said the Governor has made several attempts to meet virtually with the judge/executives with each attempt going awry. He said KCJEA is working with the Governor's office to set up weekly calls with the judge/executives via Zoom. He discussed guidelines he has implemented in his office.
President Moore noted that the jail inmate work release program is a loss of production for the county during this time.
Mr. Wagner, speaking on behalf of the Sheriffs, said the larger sheriff offices are dividing their workforce by working a week, then off a week. He said the biggest issue is being fee-based offices with fees being down tremendously. He said 72 sheriff offices have utilized the county fee state advancement program with many having used 50% and some up to 100% of those funds. There is a growing concern that some sheriffs will have to lay off employees because of not being able to pay salaries. He said sheriff offices staff the courts with many of those employees working part-time and only able to work up to 99 hours a month. He said when the courts do open that the court load will be tremendous, and he thinks staffing will be an issue unless the order will allow part-time employees to work more than 99 hours a month. Mr. Wagner said he is proud of sheriffs and the work they are doing with the county attorneys, judge/executives and health departments.
Squire Logsdon, speaking on behalf of the Kentucky Magistrates and Commissioners Association, thanked the executive committee and KACo staff for their work. He said he would like to see testing for antibodies in addition to testing those who are sick. He said KMCA Director Young set up a teleconference with Congressman James Comer and Ag Commissioner Ryan Quarles regarding food production, and Mr. Young is also working with Governor's office and the Department for Local Government concerning the CARES Act.
Mr. Bushart, speaking on behalf of the Kentucky PVA Association, said the PVAs are considered essential workers and continue to provide services. He said the tax calendar has been pushed back by two months with the inspection period being moved to July 6-20. PVAs are concerned with not having enough of space to conduct inspections given the social distancing needed and placement of shields. He said fiscal courts may be asked to provide meeting space. He said the PVAs received notice from the Governor's budget office that PVA offices should expect a 1% budget cut resulting in a decrease of $600,000 along with a hiring freeze for the remaining of the fiscal year. He said it will be essential for tax rates to be set timely in order to stay on the tax calendar in a timely manner.
Mr. Henderson said the KACo Leasing Trust is available to assist counties with emergency cash flow needs associated with the COVID-19 impact.
President Moore opened the meeting for discussion and questions.
President Moore said the Governor has asked that everyone tune in to his daily press conference for up-to-date information. Mr. Henderson said KACo has a good working relationship with the Governor's office and encouraged the board to email him or President Moore with ideas or specific concerns to relay to the Governor's office.
Mr. Henderson said KACo has relationships through its insurance program with janitorial services for counties needing deep cleaning services and other commodity services such as Plexiglass and thermometers. He said NACo has launched a We Are Counties (#Wearecounties) campaign to bring awareness to the many frontline services counties provide in hopes to draw national attention for direct aid. NACo is asking county officials to send in videos of county workers who are providing continued services during this pandemic.
President Moore said this meeting has been very helpful to him as he advocates on behalf of the counties, and KACo will do everything possible to make sure county voices are heard. He said no final decision has been made concerning the cancellation of the annual NACo Conference.
Motion made by Larry Foxworthy, seconded by Orbrey Gritton, to adjourn the meeting at 12:18 p.m. Motion carried.
