Call to Order and Roll Call
The 553rd meeting of the Legislative Research Commission was held on Wednesday, August 3, 2016, at<MeetTime> 1:30 PM, in Room 125 of the Capitol Annex. Senator Robert Stivers II, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Robert Stivers II, Co-Chair; Representative Greg Stumbo, Co-Chair; Senators Julian M. Carroll, David P. Givens, Jimmy Higdon, Ray S. Jones II, Gerald A. Neal, and Dan "Malano" Seum; Representatives Rocky Adkins, Jim DeCesare, Stan Lee, Sannie Overly, and Jody Richards.
LRC Staff: David Byerman and Christy Glass.
There being a quorum, Senator Robert Stivers called for a motion to approve the minutes of the December 17, 2016, meeting, accept and refer as indicated items A. through J. under Staff and Committee Reports, refer prefiled bills as indicated and approve items A. through HH. under New Business, and accept and refer as indicated items 1. through 48. under Communications.
The motion was made by Senator Carroll and seconded by Senator Seum. Senator Stivers asked for discussion. Seeing none, Senator Stivers asked to raise one issue concerning the 2017 Legislative Calendar. He said that, under the proposed calendar, there last session day will be the last day allowed by the Kentucky Constitution. The General Assembly can adjourn earlier, but this calendar allows members to know the end-of-session schedule in advance.
A roll call vote was taken, and the motion passed unanimously. The following items were approved, accepted, or referred.
The minutes of the December 17, 2015, meeting were approved.
STAFF AND COMMITTEE REPORTS
A. Information requests for December 2015 through July 2016.
B. Committee Activity Reports for December 2015 through July 2016.
C. Report of the Administrative Regulation Review Subcommittee meetings on December 8, 2015, and January 11, February 8, March 7, April 11, May 10, June 14 and July 12, 2016.
D. Committee review of the administrative regulations by the House Standing Committee on Health and Welfare during its meeting of March 10, 2016.
E. Committee review of the administrative regulations by the Senate Standing Committee on Health and Welfare during its meeting of March 9, 2016.
F. Committee review of the administrative regulations by the Interim Joint Committee on Health and Welfare during its meetings of December 16, 2015 and June 15 and July 20, 2016.
G. Committee review of FY 2016 Small Cities Community Development Block Grant and Section 108 Loan Guarantee Program Application by the Senate Standing Committee on State and Local Government and the House Standing Committee on Local Government during its meeting on February 17, 2016.
H. Committee review of SFY 2017 Social Services Block Grant Application by the Interim Joint Committee on Health and Welfare during its meeting on June 15, 2016.
I. Committee review of FY 2017 Low Income Home Energy Assistance Block Grant Application by the Special Subcommittee on Energy during its meeting on June 17, 2016.
J. Committee review of Executive Order 2016-496 by the Interim Joint Committee on Health and Welfare during its meeting on July 20, 2016.
NEW BUSINESS
A. Referral of prefiled bills to the following committees: BR 58 (an act relating to the Bowling Green Veterans Center, making an appropriation therefor, and declaring an emergency, BR 69 (an act relating to the Bowling Green Veterans Center, making an appropriation therefor, and declaring an emergency), BR 73 (an act relating to a tax credit for volunteer firefighters) and BR 94 (an act relating to the property tax on unmined coal) to Appropriations and Revenue; BR 68 (an act relating to credit freezes for consumers) to Banking and Insurance; BR 22 (an acting relating to crimes and punishments), BR 71 (an act relating to family member visitation rights), BR 75 (an act relating to hate crimes) and BR 115 (an act relating to expungement) to Judiciary; and BR 84 (a joint resolution claiming sovereignty over powers not granted to the federal government by the United States Constitution, serving notice to the federal government to cease mandates beyond its authority, and stating Kentucky’s position that federal legislation that requires states to comply under threat of loss of federal funding should be prohibited or repealed) to State Government.
B. Referral of administrative regulations to the following committees for secondary review pursuant to KRS 13A.290(6): 704 KAR 3:471 (Repeal of 704 KAR 3:470), 780 KAR 4:031 (Repeal of 780 KAR 4:030), 780 KAR 7:060 (Equipment inventory and insurance) and 780 KAR 7:071 (Repeal of 780 KAR 7:070) to Education; 201 KAR 9:250 (Registration and oversight of pain management facilities), 201 KAR 29:015 (Fees), 201 KAR 46:020 (Fees), 201 KAR 46:070 (Violations and enforcement), 902 KAR 4:120 (Health Access Nurturing Development Services (HANDS) Program), 902 KAR 100:030 (Quantities of radioactive material requiring labeling), 902 KAR 100:080 (Exempt quantities), 902 KAR 100:085 (Exempt concentrations), 921 KAR 3:035 & E (Certification process), 922 KAR 1:320 & E (Service appeals for Title 922 KAR Chapters 1, 3, and 5), 922 KAR 2:020 & E (Child Care Assistance Program (CCAP) improper payments, claims, and penalties), 922 KAR 2:160 & E (Child Care Assistance Program) and 922 KAR 2:260 & E (Child care service appeals) to Health and Welfare; 803 KAR 2:300 (General), 803 KAR 2:307 (Hazardous materials), 803 KAR 2:308 (Personal protective equipment), 803 KAR 2:317 (Special industries), 803 KAR 2:318 (Electrical), 803 KAR 2:320 (Toxic and hazardous substances), 803 KAR 2:400 (Adoption of 29 C.F.R. 1926.1-6), 803 KAR 2:403 (Occupational health and environmental controls), 803 KAR 2:404 (Personal protective and lifesaving equipment), 803 KAR 2:421. 29 C.F.R. Part 1926.950-968), 803 KAR 2:425 (Toxic and hazardous substances) and 803 KAR 2:500 (Maritime employment) to Labor and Industry; 201 KAR 14:015 (Retaking of examination), 201 KAR 14:030 (Five (5) year expiration of license), 201 KAR 14:045 (Notification of new locations), 201 KAR 14:090 (School curriculum), 201 KAR 14:110 (School equipment; plant layout), 201 KAR 14:150 (School records), 201 KAR 14:180 (License fees, examination fees, renewal fees, and expiration fees) and 804 KAR 9:040 (Quota retail package licenses) to Licensing and Occupations; 301 KAR 2:176 (Deer control tags, deer destruction permits, and landowner designees), 301 KAR 2:221 & E (Waterfowl seasons and limits), 301 KAR 2:222 & E (Waterfowl hunting requirements on public lands), 301 KAR 2:225 & E (Dove, wood duck, teal, and other migratory game bird hunting), 301 KAR 5:040 (Migratory Bird Harvest Information Program) and 401 KAR 31:040 & E (Lists of hazardous wastes) to Natural Resources and Environment.
C. From Senator Chris Girdler and Representative Rita Smart, Co-Chairs of the Subcommittee on Tourism Development: Memorandum requesting authorization to meet monthly during the 2016 interim.
D. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum authorizing and approving the six month probationary period pay increment for LRC Director, David Byerman.
E. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum authorizing the appointment of Dr. Lynette K. Russell and the reappointment Dr. Daniel Koretz and Dr. Ronald Hambleton to membership of the National Technical Advisory Panel on Assessment and Accountability (NTAPAA).
K. From Senator Mike Wilson and Representative Derrick Graham, Co-Chairs of the Interim Joint Committee on Education: Memorandum requesting approval to meet on July 18 and August 15, rather than the regularly scheduled meeting dates of July 11 and August 8, to avoid conflicts with SLC and NCSL. There are no apparent conflicts
L. From Senator Chris McDaniel and Representative Rick Rand, Co-Chairs of the Interim Joint Committee on Appropriations and Revenue: Memorandum requesting approval to meet on August 1 and November 21, rather than the regularly scheduled meeting dates of July 28 and November 24, to avoid conflicts with ALEC and Thanksgiving. The August 1 meeting would be in addition to the regularly scheduled August 25 meeting. There are no apparent conflicts.
M. From Senator Alice Forgy Kerr and Representative Rick G. Nelson, Co-Chairs of the Interim Joint Committee on Labor and Industry: Memorandum requesting approval to meet on September 14 at Kentucky Dam Village, rather than the regularly scheduled meeting date of September 15. There are nine (9) potential conflicts.
N. From Senator Joe Bowen and Representative Brent Yonts, Co-Chairs of the Interim Joint Committee on State Government: Memorandum requesting approval to meet on November 16, rather than the regularly scheduled meeting date of November 23. There are six (6) potential conflicts.
O. From Senator Whitney Westerfield and Representative Daryl Owens, Co-Chairs of the Interim Joint Committee on Judiciary: Memorandum requesting approval to meet on August 25, rather than the regularly scheduled meeting date of August 5, in Louisville in conjunction with the Kentucky Prosecutors Conference. There are five (5) potential conflicts.
P. From Senator John Schickel and Representative Dennis Keene, Co-Chairs of the Interim Joint Committee on Licensing and Occupations: Memorandum requesting approval to meet on August 30, rather than the regularly scheduled meeting date of August 12. There are no apparent conflicts.
Q. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum authorizing and approving the initiation of a Staff Study of Municipal Bankruptcy Issues.
R. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum creating and appointing membership to the Government Nonprofit Contracting Task Force (amendment attached.)
S. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum appointing membership to the Task Force on Elections, Constitutional Amendments, and Intergovernmental Affairs of the Interim Joint Committee on State Government.
T. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum appointing membership to the Task Force on Economic Development of the Interim Joint Committee on Economic Development and Tourism.
U. From Senator Mike Wilson and Representative Derrick Graham, Co-Chairs of the Interim Joint Committee on Education: Memorandum requesting approval of and appointing membership to the Subcommittee on Postsecondary Education and the Subcommittee on Elementary and Secondary Education.
V. From Senator Paul Hornback and Representative Tom McKee, Co-Chairs of the Interim Joint Committee on Agriculture: Memorandum requesting approval to meet on August 25, rather than the regularly scheduled meeting date of August 10, to allow the committee to meet in conjunction with the Kentucky State Fair. There are five (5) potential conflicts.
W. From Senator Albert Robinson and Representative Will Coursey, Co-Chairs of the Interim Joint Committee on Veterans, Military Affairs, and Public Protection: Memorandum requesting approval to meet on August 3 at 2:30 p.m., rather than the regularly scheduled meeting date of August 11. There are eight (8) potential conflicts.
X. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum authorizing and appointing membership to the Subcommittee on Tourism Development.
Y. From Senator Max Wise and Representative Russ Meyer, Co-Chairs of the Government Nonprofit Contracting Task Force: Memorandum requesting approval to meet twice in September and to extend the deadline of the final report to December 1, 2016.
Z. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum authorizing and appointing membership to the 2016 Kentucky Workers’ Compensation Task Force.
AA. From Senator Whitney Westerfield and Representative Daryl Owens, Co-Chairs of the Interim Joint Committee on Judiciary: Memorandum requesting approval to meet on September 23, rather than the regularly scheduled meeting date of September 2. There are no apparent conflicts.
BB. Senator Joe Bowen and Representative Steve Riggs, Co-Chairs of the Interim Joint Committee on Local Government: Memorandum requesting approval to meet on November 16, rather than the regularly scheduled meeting date of November 23. There are six (6) potential conflicts.
CC . From Senator Julie Raque Adams and Representative Tom Burch, Co-Chairs of the Interim Joint Committee on Health and Welfare: Memorandum requesting approval for an additional meeting on November 2 in Louisville. There are three (3) potential conflicts.
DD. From Senator Paul Hornback and Representative Tom McKee, Co-Chairs of the Interim Joint Committee on Agriculture: Memorandum requesting approval to meet on October 7, at the University of Kentucky, rather than the regularly scheduled meeting date of October 12. This will be the committee’s third out-of-town meeting. There are five (5) potential conflicts.
EE. From Senator Alice Forgy Kerr and Representative John Short, Co-Chairs of the Interim Joint Committee on Economic Development and Tourism: Memorandum requesting approval for a third out-of-town meeting on the committee’s regular meeting day of October 20.
FF. From Senator Whitney Westerfield and Representative Daryl Owens, Co-Chairs of the Interim Joint Committee on Judiciary: Memorandum requesting approval for a third out-of-town meeting on the committee’s regular meeting of October 7, in Ashland, Kentucky.
GG. From Senate President Robert Stivers and House Speaker Gregory D. Stumbo: Memorandum authorizing and appointing members to the Local Superintendents Advisory Council.
HH. From Director David Byerman: Memorandum requesting approval of the 2017 Regular Session Calendar.
COMMUNICATIONS
1. From Senator Danny Carroll and Representative Terry Mills, Co-Chairs of the Program Review and Investigations Committee: Memorandum regarding opportunity for appointment of ex officio members for particular studies.
2. From the Finance and Administration Cabinet: Monthly Investment Income Report for the months of December 2015 and January, February, March, April, May and June, 2016.
3. From the Office of the Attorney General: Constitutional Challenge Report for the months of November and December 2015, and January, February, March, April and May 2016.
4. From the Finance and Administration Cabinet, Office of the Controller: Surtax Receipts Statements for the Law Enforcement and Professional Firefighters Foundation Fund Programs, which reflect activity for Accounting Periods 5, 6, 7, 8 , 9, 10, 11 and 13 of FY 2016, and year-to-date activity for the period of July 1, 2015, through AP13.
5. From the Cabinet for Economic Development: Construction activity reports for each loan approved as of the quarters ending December 2015 and March 2016.
6. From the Energy and Environment Cabinet: Time Capsule created by The Kentucky Environmental Quality Commission.
7. From the Kentucky Judicial Form Retirement System: Actuarial Valuation Report and Hybrid Tier, as of July 1, 2015, for the Kentucky Judicial Retirement Plan, and Actuarial Valuation Report and Hybrid Tier, as of July 1, 2015, for the Kentucky Legislators Retirement Plan.
8. From the Kentucky Judicial Form Retirement System: FYS 14-15 Audited Financial Statements for the Kentucky Judicial Form Retirement System.
9. From the Kentucky Crime Victims Compensation Board: FY 15 Annual Report.
10. From the University of Kentucky: FY 15 Audited Financial Statements of the University of Kentucky and its affiliated corporations. http://www.uky.edu/EVPFA/Controller/finst.htm.
11. From the Personnel Cabinet: 2015 Annual Report of the Kentucky Group Health Insurance Board.
12. From the Kentucky Retirement Systems: 2015 Biennial Report for COLA Funding.
13. From Murray State University: 2015 Annual Financial Report. http://www.murraystate.edu/headermenu/Offices/TreasurersReport/AuditedFinancialStatements.aspx.
14. From the Cabinet for Health and Family Services: FY 15 Kentucky Elder Abuse Annual Report.
15. From the Education and Workforce Development Cabinet: Unemployment Insurance Report for the fourth quarter of 2015, and for the first and second quarters of 2016.
16. From the Tourism, Arts and Heritage Cabinet, Kentucky Department of Fish and Wildlife Resources: FY 15 Annual Report on Law Enforcement Division Training.
17. From the Cabinet for Health and Family Services: FY 15 Traumatic Brain Injury Trust Fund Program Annual Report.
18. From the Labor Cabinet, Division of Workers’ Compensation Funds: Report for Kentucky Coal Workers’ Pneumoconiosis Fund, Quarters Ending December 31, 2015 and March 31, 2016.
19. From the Administrative Office of the Courts: 2015 Citizen Foster Care Review Board Annual Report.
20. From the Energy and Environment Cabinet, Division of Waste Management: 2015 Report of Kentucky’s Waste Tire Program.
21. From the State Inter-Agency Council for Children: 2016 Recommendations for the State Interagency Council.
22. From the Auditor of Public Accounts: Biennial Report to the General Assembly on Kentucky Employers’ Mutual Insurance Authority.
23. From the University of Kentucky: 2015 Kentucky Tobacco Research & Development Center Annual Report.
24. From the Office of the Attorney General: 2014-2015 County Attorney Traffic Safety Program Annual Report.
25. From the Cabinet for Health and Family Services: SWIFT Adoption Teams Report for the fourth quarter of 2015 and the first quarter of 2016.
26. From the Cabinet for Health and Family Services: 2015 Annual Report on Committed Children.
27. From the Cabinet for Health and Family Services: 2015 Annual Report of the Kentucky Spinal Cord and Head Injury Research Board.
28. From Kentucky Employers’ Mutual Insurance Authority: 2015 Annual Statement and Letter of Actuarial Opinion.
29. From the Personnel Cabinet: 2016 Semi-annual Report listing filled positions, exempted from classified service.
30. From the Personnel Cabinet: Quarterly Reports which lists all employees currently holding more than one state position.
31. From the Personnel Cabinet: Personnel Cabinet Quarterly Reports as of December 31, 2015 and March 31, 2016.
32. From Kentucky Employers’ Mutual Insurance Authority: 2015 Management’s Discussion and Analysis with Supplementary Schedules.
33. From the Louisville Policemen’s Retirement Fund: 2016 Actuarial Valuation and Report.
34. From the Kentucky Department of Agriculture: 2015 Kentucky Equine Health and Welfare Council Administrative, Programmatic and Financial Activity Report.
35. From the Kentucky Employers’ Mutual Insurance Authority: 2015 Independent Auditors Report.
36. From the Cabinet for Health and Family Services, Department for Public Health: FY 14 Status of Breast Cancer in the Commonwealth Annual Report.
37. From Kentucky Employers’ Mutual Insurance Authority: Statement of Assets, Liabilities, and Policyholder Equity; Statement of Income; and State of Solvency as of March 31, 2016.
38. From Kentucky Employers’ Mutual Insurance Authority: Quarterly Statement and Financial Status for the period ending March 31, 2016.
39. From the Cabinet for Health and Family Services: FY15 Batterer Intervention Provider Program Annual Report.
40. From the Finance and Administration Cabinet, Department of Revenue, Office of Property Valuation: 2016 Real Estate Exemption List.
41. From the Commission on Small Business Advocacy: From the Kentucky Business One-Stop Portal Advisory Committee: 2015 Report Assessment and Recommendations.
42. From the Kentucky Personnel Cabinet: 2015 Annual Turnover Report of 15%+.
43. From the Cabinet for Health and Family Services: 2015 Kentucky Stroke Encounter Quality Improvement Project Stroke Registry Data Summary Annual Report.
44. From the Justice and Public Safety Cabinet: Submission for review of application to the U.S. Department of Justice, Bureau of Justice Assistance, for 2016 funding.
45. From the Kentucky Commission on the Deaf and Hard of Hearing: FYS 15-16 Telecommunications Access Program Annual Report.
46. From the Auditor of Public Accounts: FY15 Report of the Audit of the Russell County Fiscal Court.
47. From the Energy and Environment Cabinet, Department for Environmental Protection: 2016 Hazardous Waste Management Fund.
48. From the Cabinet for Economic Development: 2015 Programmatic Involvement Report.
OTHER BUSINESS
1. From Director David Byerman: Memorandum requesting ratification of Personnel Policy Manual.
2. Director David Byerman’s update on the LRC Classification Plan.
Senators Stivers advised that all caucus leaders from both chambers had been briefed on the LRC Personnel Policy Manual and the proposed LRC Classification Plan. At that time, he asked Director Byerman to give a more formal presentation at the LRC meeting so all could learn what the Director had been working on.
Director Byerman said that, when he first arrived at LRC on October 1, 2015, he brought the entire LRC work force together for a meeting. He addressed issues that had been raised by NCSL in 2014. He told the employees that day that he was going to establish a new system for hiring and paying employees. The system would set forth clear expectations and be fair and transparent. He would also establish an evaluation system.
Director Byerman said the proposed Classification Plan is the first step in that process. The plan is the result of help he had received from all non-partisan staff who had submitted a summaries of their work responsibilities. This was part of a long process of trying to empower the workforce, holding hold supervisors accountable for supervising their own teams, and ultimately creating a workforce that is more motivated and fairly rewarded for hard work. Following approval of this Plan, LRC can move forward on the next phase in the process-- determining how best to compensate staff.
Director Byerman said the plan has job descriptions for all LRC positions. There are clear expectations for every position, and the plan delineates supervisory and reporting responsibility.
New agency practices have been put in place over the last 10 months. For example, all jobs are posted, giving employees a chance to apply, change jobs, or otherwise move forward with their careers. No job will be given to an individual person based on who that person knows. Director Byerman said his job, in part, is to make the Director less powerful. He emphasized that he is trying to create new management practices that set clear expectations for who does what, and how much they are paid. In the past, the Director has had enormous discretion, but Director Byerman feels such discretion causes long-term problems where people might perceive that decisions are capricious, arbitrary, or unfair. In creating this plan, he said he is trying to set clear standards of accountability.
Director Byerman proposes is make the proposed Classification Plan the basis for the final Compensation Plan that he will bring to LRC in October.
Director Byerman said that the plan will now allow for creation of an evaluation system where employees can be evaluated against objective work standards, and it will allow for a system of compensation that creates tiers of pay for the positions, depending on the sophistication and the independence of the work that will be completed.
He said there has been a lot of work to identify other states that are comparable to
Kentucky that have gone through this same process of creating a classification and compensation system. Those states are Maryland, Oregon, and Connecticut. The committee that has been working most closely on this has had conference calls with the human resources directors from those three states. Over the last two months, not only has he had one meeting in which he spoke to all 320 non-partisan employees, he has also had a series of town hall meetings--10 meetings of about 32 people apiece. He received feedback from staff and heard their ideas, inputs, and concerns. Director Byerman said staff feel like they have a voice and a role in how this plan will proceed. This plan, which will be released today to the public and to LRC staff, will form the basis for the progress going forward. In accepting the report on the plan, LRC is not approving the plan because the plan works in concert with the Compensation Plan. The two interlock together. It is a good management principle to have a clear plan that classifies the employees first before the next phase is moved into, which is to determine how best to set up new standards and practices to make the compensation of the work force be done in a fair, equitable, and transparent manner.
Director Byerman said he was grateful for the assistance of the other Classification Steering Team members: Deputy Directors Teresa Arnold and Robert Jenkins, Assistant Directors Joy Kiser and Anita Muckelroy, General Counsel Morgain Sprague, and Mike Clark, who has served as our Chief Staff Economist. Mr. Clark is the Staff Economist who conducts staff salaries for legislators, and the economists’ office is going to be very important as salary studies are conducted to make sure LRC is paying its staff in an equitable and attractive manner. Mr. Byerman stated that he wants to lead an elite work force. He believes he already does, but he wants to set management practices in place where he can attract people and have them commit to building their careers here at LRC. Director Byerman said the Executive Branch employs tens of thousands of people, and its pay system is quite different from what he is talking about. His pay system is set up for the 320 nonpartisan people who do a yeoman’s job every year of creating the infrastructure around which the annual sessions are built. In a very real sense, all 320 nonpartisan staff had a role in creating the plan. Director Byerman said that he feels confident that, working with staff and leadership, in two months a comprehensive plan will be in place that addresses clear expectations, is fair, and is transparent.
Senator Stivers asked the members if they had any questions or discussions concerning Mr. Byerman’s presentation.
Representative DeCesare made a comment to let those in attendance know that Mr. Byerman had briefed the members earlier that day on the presentation and that members understand what is going on. He said he did not want anyone to think they were going to vote on something that they had not been briefed on prior to hearing about it.
Senator Stivers reiterated that Mr. Byerman had briefed all leadership and all caucuses at some time prior the meeting as to the substance and has previously provided the substance this presentation.
Representative Lee asked, regarding the second document to be prepared, if there was going to be a section on employee discipline. He said he did not see it in the Personnel Policy Manual.
Responding to Representative Lee’s question, Mr. Byerman said that actually under separate cover today, the commission is also taking up the issue of an update of the Personnel Policy Manual. The current Personnel Policy Manual is dated 2004 and is 12 years old. The new Personnel Policy Manual addresses things like discipline. Director Byerman said the new manual does five major things that reflect the changes that he has made over the last 10 months: 1) it reflects the new one-for-one compensatory time policy put in place earlier this year; 2) it makes consistent the volunteer policies for LRC sponsored events like the recently occurring Southern Legislative Conference; 3) it includes revisions to the enhanced flex time policy; 4) it has a maternity and paternity leave policy that was not in the previous personnel policy manual; and 5) it establishes a new grievance process that allows any employee who has a concern to raise those concerns. Addressing Representative Lee, Director Byerman said the disciplinary process that he is referring to is included in that Personnel Policy Manual and will be a part of how the organization is managed going forward.
Representative Lee asked if it was in the Personnel Policy Manual, and Director Byerman said that it was located late in the document.
Senator Stivers said that he and Speaker Stumbo are in agreement that this is an application of a policy to the nonpartisan staff. Once this plan is adopted, it will be applicable to the leadership staff, but it will be a document that leadership will have to prepare with exclusions, because on pages 31 and 32, there are discussions about non-partisan staff and their duty to appear and stay nonpartisan. Speaker Stumbo should not have to worry about requesting something that may be influenced by one’s Republican leanings, nor should Senator Stivers have to worry that nonpartisan staff would be influenced by someone’s Democrat leanings. Since the all leadership staff are political, leadership will have to adopt a secondary policy that will have exclusions that will allow for leadership staff to be partisan staff.
Senator Stivers called for a motion to accept and approve as indicated in those items under Other Business, as it relates to Mr. Byerman’s Proposed LRC Classification Plan. A motion was made by Representative Adkins and seconded by Senator Carroll. A roll call vote was taken, and the motion passed unanimously.
Senator Stivers asked if any members had any questions, comments, or communications.
Senator Stivers thanked the commission, partisan staff, and nonpartisan staff for volunteering during the Southern Legislative Conference’s annual meeting in Lexington. He said the conference was very successful, bringing legislators, policymakers and interested parties together from 15 southern states to discuss policies and issues and to network. Senator Stivers said the speakers were excellent, and the conference educational. A spotlight was put on central Kentucky and the entire Commonwealth, and much positive feedback has been received. University of Kentucky President Capiluto told Senator Stivers that several attendees had mentioned sending their children to the University of Kentucky. Senator Stivers thanked everyone for their contributions and help in making the meeting a success.
Senator Carroll thanked Senator Stivers for his leadership in his role as the Chair of the Southern Legislative Conference.
There being no further business, the meeting was adjourned.