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CENTRAL KENTUCKY EDUCATIONAL COOPERATIVE POLICY HANDBOOK Adopted: September 15, 2004
Transcript

CENTRAL

KENTUCKY

EDUCATIONAL

COOPERATIVEPOLICY HANDBOOK

Adopted: September 15, 2004Last Revised: August 15, 2018

CENTRAL KENTUCKY EDUCATIONAL COOPERATIVE

Policy Handbook

Dr. Dorothy (Dot) Perkins, Chief Executive OfficerCentral Kentucky Educational Cooperative

2331 Fortune Drive, Suite 270Lexington, Kentucky 40509

Phone: (859) 232-8885 Fax: (859) 232-8890http://www.ckec.org/

The Central Kentucky Educational Cooperative does not discriminate on the basis of race, color, national origin, age, religion, genetic information, sex, or disability in employment, educational programs or activities.

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Table of ContentsTable of Contents_____________________________________________________iIntroduction_________________________________________________________1

WELCOME_________________________________________________________1CKEC MISSION____________________________________________________1FUTURE POLICY CHANGES___________________________________________1

Board Powers and Duties_______________________________________________201.1 LEGAL STATUS_________________________________________________201.11 RESPONSIBILITIES_____________________________________________201.3 VACANCIES____________________________________________________301.4 MEETINGS_____________________________________________________301.411 BOARD OFFICERS_____________________________________________301.412 SECRETARY__________________________________________________401.413 TREASURER AND FINANCE OFFICER______________________________401.42 REGULAR MEETINGS___________________________________________501.421 PUBLIC PARTICIPATION AT BOARD MEETINGS_____________________501.43 CLOSED SESSIONS______________________________________________601.44 SPECIAL BOARD MEETINGS______________________________________601.45 AGENDA PREPARATION/DISSEMINATION___________________________701.5 BOARD POLICY_________________________________________________701.6 MINUTES______________________________________________________901.61 RECORDS_____________________________________________________901.7 BOARD ATTORNEY______________________________________________901.821 BOARD MEMBER COMPENSATION AND EXPENSES__________________9

Administration______________________________________________________1002.1 PARTICIPATION IN CKEC SERVICES AND PROGRAMS________________1002.11 QUALIFICATIONS OF THE CHIEF EXECUTIVE OFFICER_______________1002.12 DUTIES/RESPONSIBILITIES______________________________________1002.131 CONTRACT OF THE CHIEF EXECUTIVE OFFICER___________________1202.14 EVALUATION OF THE CHIEF EXECUTIVE OFFICER__________________12

Personnel__________________________________________________________1303.1 EMPLOYMENT STATUS__________________________________________1303.11 HIRING_____________________________________________________1403.111 MEDICAL EXAMINATIONS_____________________________________1603.113 EQUAL EMPLOYMENT OPPORTUNITY____________________________1603.12 COBRA NOTIFICATION________________________________________1603.122 HOLIDAYS__________________________________________________1703.123 ABSENCES/UNPAID LEAVE_____________________________________1703.1231 PERSONAL LEAVE___________________________________________1803.1232 SICK LEAVE_______________________________________________1903.12322 FMLA (FAMILY AND MEDICAL LEAVE)_______________________2103.1234 EXTENDED DISABILITY LEAVE________________________________2203.1235 EDUCATIONAL LEAVE_______________________________________23

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03.1236 EMERGENCY/CRISIS LEAVE___________________________________2403.1237 JURY AND WITNESS LEAVE___________________________________2503.1238 MILITARY/DISASTER LEAVE__________________________________2503.1239 LEGISLATIVE LEAVE________________________________________2503.1251 TRAINING/PROFESSIONAL DEVELOPMENT PAYMENT______________2503.132 SUPERVISION________________________________________________2603.1321 USE OF CKEC PROPERTY____________________________________2703.1322 GIFTS_____________________________________________________2803.1324 POLITICAL ACTIVITIES______________________________________2803.1325 DISRUPTING THE WORKPLACE________________________________2803.13251 USE OF ALCOHOL AND DRUGS_______________________________2903.13253 DOMESTIC/DATING VIOLENCE REPORTING AND EDUCATION______3003.1327 TOBACCO USE______________________________________________3103.1331 OUTSIDE ACTIVITIES________________________________________3103.1332 HOURS OF DUTY____________________________________________3203.14 HEALTH AND SAFETY__________________________________________3303.15 CONFIDENTIALITY OF RECORDS_________________________________3303.16 GRIEVANCES/COMMUNICATIONS________________________________3403.161 DUE PROCESS_______________________________________________3503.162 HARASSMENT/DISCRIMINATION________________________________3603.17 EMPLOYEE DISCIPLINE________________________________________3903.171 NON-RENEWAL OF CONTRACTS AND STAFF REDUCTION____________3903.1721 CONFLICT OF INTEREST______________________________________4003.174 REINSTATEMENT OF STAFF MEMBERS___________________________4003.175 RETIREMENT________________________________________________4103.18 EVALUATION OF STAFF________________________________________41

Fiscal Management__________________________________________________4304.121 COMPENSATION_____________________________________________4304.1211 SALARY DEDUCTIONS________________________________________4304.125 EXPENSE REIMBURSEMENT____________________________________4404.31 AUTHORITY TO ENCUMBER FUNDS/USE OF CREDIT CARDS___________4504.311 FISCAL ACCOUNTING AND REPORTING__________________________4604.3111 ISSUANCE OF CHECKS_______________________________________4604.2 DEPOSITORIES_________________________________________________4704.32 PROCUREMENT AND PURCHASING_______________________________4704.4 BONDING OF EMPLOYEES AND OFFICERS__________________________5404.8 DISPOSAL OF CKEC PROPERTY__________________________________5404.9 AUDITS______________________________________________________54

CKEC Facilities_____________________________________________________5405.48 WEAPONS___________________________________________________54

Other CKEC Information______________________________________________5610.11 OPEN RECORDS NOTICE_______________________________________56

Acknowledgement Form______________________________________________57

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IntroductionWelcomeWelcome to the Central Kentucky Educational Cooperative (CKEC).

CKEC is a tax-exempt organization that operates under an Interlocal Cooperation Agreement (ICA) approved by the Kentucky Commissioner of Education and the Kentucky Attorney General's office. CKEC is comprised of twenty-three (23) school districts. Superintendents of each member district comprise the CKEC Board of Directors, which serves as the Cooperative’s governing body. The Board has direct responsibility for any programs under its auspices.

The purposes of the handbook are to acquaint you with the policies that govern and affect (1) operations of CKEC and (2) individuals employed by CKEC and to outline the benefits available to employees.

This handbook is a compilation of policies adopted by the Board of Directors. As such, it is not intended to be, and should not be interpreted as, a contract. It is not an all-encompassing document and may not cover every possible situation or unusual circumstance. If a conflict exists between information in this handbook and Kentucky Revised Statute, Kentucky Administrative Regulation, or federal law or regulation, the state or federal documents will govern.

If an employee has questions about any provisions, s/he should contact his/her immediate supervisor or the Chief Executive Officer.

CKEC Mission To ensure growth, learning and resiliency of all students, the Central Kentucky Educational Cooperative (CKEC) will provide a network of resources, support, and advocacy to maximize innovative, courageous leadership in member districts.

Future Policy ChangesAlthough every effort will be made to update the handbook on a timely basis, the Board of Directors reserves the right, and has the sole discretion, to change any policies, procedures, benefits, and terms of employment without notice, consultation, or publication, except as may be required by contractual agreements and law. Consequently, the Board of Directors reserves the right,

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and has the sole discretion, to modify or change any portion of this handbook at any time.

Board Powers and Duties01.1 Legal StatusCKEC is a legal body created by statutory authority of the State of Kentucky. Its members derive their responsibilities and powers from state law.

As hereafter referenced in this document, the “Board” shall refer to the superintendents that comprise the Board of Directors of CKEC.

The Board shall function and act as a corporate body of the whole. Board members have no authority over CKEC affairs as individuals, but do retain authority, within state law, over CKEC affairs when they act as the Board of Directors.

The Board will not be bound in any way by any action or statement on the part of an individual Board member.

01.11 ResponsibilitiesThe Board of Directors shall be the policy making body of CKEC. Its powers and duties shall be to:

1. Employ an Chief Executive Officer and determine his/her salary;

2. Develop and approve policies for the operation of CKEC;

3. Contract for specialized services;

4. Designate one (1) or more banks, or trust companies, as depositories for CKEC funds;

5. Approve budgets for programs conducted by CKEC;

6. Receive federal, state, school district and other monies, and expend them to provide service programs approved by the Board;

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7. Serve as the fiscal agent for any entity providing services under auspices of the Board, as well as other entities approved by the Board; and

8. Fund and establish all positions under the auspices of CKEC, including the salary, benefits, and days of employment, and a job description for each position.

01.3 VacanciesVacancies for Secretary or Treasurer of CKEC shall be filled by the Board of Directors no later than the first regular meeting after the vacancy has occurred.

01.4 MeetingsQuorum

At any meeting of the Board, greater than 25% of the membership will be required to constitute a quorum. A majority of the quorum may transact business except when law requires a larger vote. No action may be taken unless a quorum is present.

Voting

Voting on all motions before the Board will be by voice vote, except that a roll call vote shall be taken and recorded when requested by any member present for that vote.

Members or their officially designated representative in attendance shall have voting privileges. Each superintendent shall inform the Chief Executive Officer the name(s) of the individual (s) who shall be recognized as the official system representative to serve on CKEC Committees and the Board in the absence of the member. The representative shall empowered to vote on all issues and, therefore, to commit the district to actions taken by the Board.

01.411 Board OfficersOfficers of CKEC (President, President-Elect, Secretary/Treasurer, and Member-at-Large) shall be elected by simple majority vote from the voting membership only.

The offices of President and President-Elect shall serve a term of one (1) year, effective July 1 to June 30, at which time the President-Elect will assume the office of President for the succeeding year.

President

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The duties of the President of the Board shall be as follows:

1. Conduct all regular and special meetings of the Board of Directors;

2. Appoint any necessary committees;

3. Preside at all meetings of the Board and vote on motions placed before the Board for action;

4. Sign such documents on behalf of the Board as may require his/her signature;

5. Represent the Board in deliberation with other Boards, districts, or agencies unless another member of the Board is so designated;

6. Assist with the development of meeting agenda; and

7. Perform all duties required by statute or by action of the Board.

In the event that the President of the Board is absent from any meeting of said Board, the President-Elect of the Board will act as temporary President. In the event that the President and President-Elect are both absent, the Board will designate another member of the Board to act as temporary President.

If for any reason the Office of President becomes vacant, the President-Elect will assume the office of President. A new President-Elect will be elected on or before the second regular meeting following the vacancy and will serve out the remainder of the term of office.

President-Elect

The President-Elect will perform all duties of the President when acting in that capacity. The President-Elect shall succeed the active President effective July 1 of the respective fiscal year.

01.412 SecretaryThe Chief Executive Officer will recommend for approval by the Board a person who is not a member of the Board to serve as Secretary to the Board of Directors. The Secretary’s duties shall include, but not be limited to, the following:

1. The Secretary shall report directly to the Chief Executive Officer;

2. The Secretary will cause an accurate record of all Board business to be kept in the minute book;

3. Minutes will be typed and e-mailed or delivered to each Board member before the next regular or special meeting;

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4. After the minutes are adopted, they will be bound and kept in a permanent, safe place; and

5. The Chief Executive Officer and President will sign all papers and orders of the Board. The Secretary will be responsible for the safekeeping of other records, and will perform other duties as may be assigned by the Chief Executive Officer, by the Board through the Chief Executive Officer, or by statutes.

In the absence of the Secretary at a regular or special meeting, the Board will designate an acting Secretary who will be authorized to certify any and all proceedings acted upon by the Board.

01.413 Treasurer and Finance OfficerTreasurer

The Board shall elect from its membership a Treasurer to serve a one-year term. Responsibilities of the Treasurer shall include:

1. A review of all documentation for which a check is to be issued;

2. Insure there are two (2) signatures for each check; and

3. Compare monthly financial balances.

Finance Officer

The Board of Directors shall designate a Finance Officer who shall report directly to the Chief Executive Officer and whose powers shall be prescribed by law and whose duties shall be as follows:

1. Serve as official custodian of all funds for all entities for which CKEC serves as fiscal agent and be responsible for proper safeguarding of and accounting for all program funds;

2. Issue a receipt for any cash coming into his/her hands and present to the Chief Executive Officer for review prior to deposit, bank deposits and statements on a daily and monthly basis;

3. Deposit such monies in accordance with the laws governing the deposit of public funds; and

4. Issue appropriate checks for payment of all legal claims incurred on behalf of CKEC. The Chief Executive Officer, Treasurer, and Finance Officer are authorized to pre-pay payroll and government vendors, but will present a list of all pre-paid invoices at the next regular meeting of the Board of Directors per policy 04.3111.

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The Chief Executive Officer shall co-sign checks with the Treasurer and Finance Officer.

01.42 Regular MeetingsAs a general procedure, regular meetings of the Board are held on the third (3rd) Wednesday of each month at the CKEC Training Facility located at 2331 Fortune Drive, Lexington, beginning at 11:00 a.m. There will be no regular meeting during the months of July and December. The dates and places of the regular meetings are approved each year by the Board, entered in its minutes, and publicized at that time. Notice of regular meetings is given to Board members by adoption of scheduled meeting dates and places.

All meetings of a quorum of the members of the Board at which any public business is discussed or at which any action is taken are to be public meetings, open to the public at all times, except as provided in KRS 61.810.

The Board may, at its discretion, conduct its meetings at places and dates other than those established above, provided that Board members have timely notice of such call.

01.421 Public Participation at Board MeetingsThe public is invited to attend all regular and special Board meetings and may, at the discretion of the President, be given time to address the Board.

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B O A R D P O W E R S A N D D U T I E S

The Board recognizes its responsibility to conduct business of CKEC in an orderly and efficient manner and will, therefore, require reasonable controls for public presentations to the Board. Persons wishing to be heard by the Board will first be recognized by the President. They will then identify themselves and proceed with comments as briefly as the subject permits. The President is responsible for the orderly conduct of the meeting and will rule on such matters as the time to be allowed for public discussion, the appropriateness of the subject being presented, and suitability of the decision in determining the appropriateness of all such rulings.

Persons who wish to speak on items listed on the agenda should seek recognition at the time the Board considers that particular item. Persons who wish to speak on an item not listed on the agenda are required to submit the request in writing, which must be received in the office of the Chief Executive Officer no later than five (5) days prior to the scheduled meeting.

01.43 Closed SessionsAll meetings of the Board will be open to the general public, except when the Board meets to discuss the following topics:

1. Deliberations on the future acquisition or sale of real property by the Board, but only when publicity would likely affect the value of a specific piece of property to be acquired for public use or sold by the Board;

2. Discussions of proposed or pending litigation against or on behalf of the Board;

3. Discussions or hearings which might lead to the appointment, discipline, or dismissal of an individual employee without restricting that employee's right to a public hearing if requested. This exception shall not be interpreted to permit discussion of general personnel matters in secret; and

4. Meetings which federal or state law specifically requires to be conducted in privacy.

These matters may be discussed in closed sessions only if the following conditions are met:

1. Notice shall be given in open meetings of the general nature of the business to be discussed in closed session, the reason for the closed session, and the specific provision of KRS 61.810 authorizing the closed session;

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2. Closed sessions may be held only after a motion is made and carried by a majority vote in open, public session;

3. No final action may be taken at a closed session, except as permitted by law; and

4. No matters may be discussed at a closed session other than those publicly announced prior to convening the closed session.

01.44 Special Board MeetingsSpecial meetings of the Board may be called when they are necessary to expedite Board business.

The President may call a special meeting of the Board at any time. Notice of a special meeting will be delivered by word of mouth, e-mail, or by U. S. mail, to each Board member. The notice shall be delivered at least twenty-four (24) hours prior to the specified time of the meeting. Only those matters listed in the call for a special meeting may be discussed.

A special meeting may be a closed meeting if it deals with a subject for which statutory provision is made to allow consideration in closed session. In such a case, the policy governing closed sessions applies.

01.45 Agenda Preparation/DisseminationThe Chief Executive Officer will consult with the Board President concerning preparation of the agenda for all regular and special meetings of the Board.

Regular Meeting Agenda

The Chief Executive Officer will prepare the agenda for regular meetings that shall, with the unapproved minutes of previous meeting(s), be delivered to the Board members at least three (3) work days prior to each regular Board meeting.

Items of business may be suggested by the Board members or citizens for inclusion on the agenda. Business items suggested by citizens should be submitted in writing and received in the office of the Chief Executive Officer no later than five (5) days prior to the scheduled meeting for consideration for inclusion on the written agenda.

Any item submitted after the printing of a regular Board meeting agenda, and approved by the Chief Executive Officer or Board President as an item requiring immediate action by the Board, shall be printed as an addendum and considered part of the agenda. The necessity for immediate action shall be listed on the addendum.

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Special Meeting Agenda

For special meetings, the Board will consider only those matters that are listed on the agenda. Items may be placed on a proposed special called meeting agenda at the direction of the President and shall be placed on the proposed agenda if requested by a majority or more of Board members.

The agenda of a regular meeting may be amended at the meeting upon affirmative vote of at least a majority of the members of the Board. However, once the agenda for a special called meeting is posted or delivered to Board members and requesting media, it may only be amended when a new notice and reposting of the agenda, as amended, is completed prior to the twenty-four (24) hour period before the meeting as required by statute.

01.5 Board PolicyDevelopment

The legal responsibility for policy-making belongs to the Board of Directors of CKEC. The Chief Executive Officer, as executive officer of the Board, sees that policies are executed as provided by law.

The Board determines all questions of general policy to be used in the governance of CKEC.

The Board reserves to itself the function of providing guides for discretionary action by those to whom it delegates authority. These guides for discretionary action constitute the policies governing the operation of CKEC. They will be recorded in writing.

Formulation and adoption of written policies constitute the basic method by which the Board exercises leadership in the operation of CKEC. The study and evaluation of reports concerning the execution of its written policies constitutes the basic method by which the Board exercises control over the operations of CKEC.

The formal adoption of policies will be recorded in the minutes of the Board. The Board will adopt only those policies that it believes to be sound and workable. Only those written statements so adopted and so recorded are regarded as official Board policy. Policies are set by the Board to do the following:

1. Clarify relationships with employees;

2. Provide and give positive direction to employees; and

3. Aid in the evaluation of services and personnel.

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B O A R D P O W E R S A N D D U T I E S

Until duly amended or repealed, Board policy is binding on the Board and on employees and other parties dealing with the Board.

Adoption

Whenever conditions require, policies of the Board may be added to or changed at any regular or special meeting of the Board. The Chief Executive Officer will prepare such policy for approval and adoption by the Board. Policies introduced and recommended to the Board will not usually be adopted until a subsequent meeting. Thus, time normally will be given to permit further study and also to give opportunity for interested parties to react. However, formal approval may be granted by the Board to meet emergency conditions for special events without waiting for a subsequent meeting.

In addition, upon recommendation of the Chief Executive Officer, the Board at any regular or special meeting may waive any regulation previously adopted when circumstances occur or experimental programs are initiated and when the Board determines such waiver or suspension is in the best interest of the schools of the participating districts. The date and duration of such waiver or suspension shall be determined in each instance when such action occurs and so recorded in Board minutes.

A favorable vote from two-thirds (2/3) of the Board quorum present will be necessary to add, change, or waive policies.

The Chief Executive Officer is directed to establish and maintain an orderly plan for preserving and making accessible the policies adopted by the Board and any administrative rules and regulations needed to put them into effect.

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B O A R D P O W E R S A N D D U T I E S

All employees are responsible for complying with all rules, regulations, and policies of the Board. In addition, employees must comply with Kentucky Revised Statutes, administrative rules and regulations, and oral directives of their supervisors. All employees are responsible for acquainting themselves with CKEC rules, regulations, policies, and state statues. Employees who fail to comply with CKEC policies may be subject to disciplinary action.

The Chief Executive Officer also is responsible for settling any questions by citizens or employees arising out of the interpretation and application of established Board policies. The decision will be final unless a written appeal is made to and sustained by the Board. Appeals should be sent to the Chief Executive Officer in sufficient time (at least five days prior to the meeting date) to be included on the agenda for the regular meeting.

01.6 MinutesThe minutes of action taken at every meeting of the Board, setting forth an accurate record of votes and actions at such meetings, will be promptly recorded. Such records will be open to public inspection at reasonable times no later than immediately following the next meeting of the Board. An exception to this policy is when meetings are closed sessions held in accordance with Board policy concerning closed sessions.

Minutes will be maintained in an official record book designated for said purpose. A copy of the proceedings will be sent to each member of the Board. Minutes may not be changed to reflect an individual’s vote different from that actually cast. Minutes may only be amended to correct errors and to reflect an accurate account of actual conduct of Board meetings.

01.61 RecordsInformation Security Breach

Information security breaches shall be handled in accordance with KRS 61.931, KRS 61.932, and KRS 61.933 including, but not limited to, investigations and notifications.

Within seventy-two (72) hours of the discovery or notification of a security breach, the CKEC shall notify the Commissioner of the Kentucky State Police, the Auditor of Public Accounts, the Attorney General, and the Education Commissioner. 01.61

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01.7 Board AttorneyThe CKEC may employ an attorney to advise and represent it in legal matters. In special cases, the Board may employee additional attorneys, as needed, whose powers shall be prescribed by law.

01.821 Board Member Compensation and ExpensesMembers of the Board may be reimbursed in accordance with CKEC travel regulations for all necessary expenses incurred in attending any meetings or in making any trips on official business for CKEC.

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Administration02.1 Participation in CKEC Services and ProgramsTo participate in the programs and services of CKEC, a local board of education shall be a member in good standing, as determined by the CKEC Board.

02.11 Qualifications of the Chief Executive OfficerThe Board holds the Chief Executive Officer responsible for the efficient management of CKEC. The Board expects the Chief Executive Officer to administer carefully the organization and its resources in such a way as to achieve the Board’s objective of the best possible educational programs and related services.

It is the responsibility of the Board to attract and retain the services of a qualified and experienced individual to serve in the capacity of Chief Executive Officer of CKEC. The individual so designated shall have demonstrated competence and ability as a leader.

02.12 Duties/ResponsibilitiesWhile the primary functions of the Board are policy development and adoption and goal appraisal, the function of the Chief Executive Officer is executive. The Executive Director administers CKEC, carrying out the policies established by the Board and, when necessary, identifying inconsistencies and recommending revisions in the Board’s guidelines.

The Chief Executive Officer is the administrative head of all programs and services of CKEC. The Chief Executive Officer may delegate duty and authority for operation of the various programs and services, but s/he retains responsibility to the Board for the results produced.

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A D M I N I S T R A T I O N

The Board will not bypass the Chief Executive Officer but rather, will leave the administration of its policies to him/her. The execution of policy through detailed steps and procedures of administration is the duty and responsibility of the Chief Executive Officer, who may delegate authority to staff. The administrative function of the Chief Executive Officer is in keeping with the concept that the Chief Executive Officer carries out policy through the administrative function delegated to him/her by the Board. In assisting the Board in its appraisal function, evaluating and reporting are major responsibilities of the Chief Executive Officer.

The Board recognizes that the working relationship between the Board and the Chief Executive Officer is of prime importance. This relationship determines whether or not the Chief Executive Officer and Board can function effectively in their mutual roles. The Board must grant the Chief Executive Officer authority, support, and resources necessary to enable accomplishment of the job for which s/he was employed. Therefore, the relationship between the Board and the Chief Executive Officer must be based on mutual trust and understanding.

The Board’s responsibility is to make its expectations known to the Chief Executive Officer. Such expectations will be based on clear understanding of the functions of CKEC and the Chief Executive Officer, as set forth in Board policy and state law and regulations.

Chief Executive Officer Responsibilities

Duties and responsibilities include:

General Supervision – Provides general supervision of the organization with overall responsibility for day-to-day operations of the Cooperative.

Policy Implementation - Is responsible to Board of Directors for the operation and administration of CKEC in accordance with the policies contained in this handbook.

Planning – Plans effectively from year to year with special attention to long-term consequences for the organization.

Budget – Develops budget recommendations reflecting knowledge of accurate income. Expenditures reflect an appropriate delivery of services as dictated by the Board of Directors.

Board of Directors – Plans regular meetings of the Board of Directors to meet the needs of the organization and member districts.

Programs – Develops programs and prices them accordingly to meet the needs of member districts.

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A D M I N I S T R A T I O N

Personnel –Recommends to the Board the positions required to provide services to the districts of the Cooperative. Employs, supervises, assigns, and evaluates personnel in an effective manner.

Communications – Represents CKEC and member districts on issues as directed. Attends local, state, and national meetings of interest to member districts. Communicates to appropriate agencies collective positions and conducts necessary follow-up. Serves as a liaison for CKEC to the Kentucky Department of Education.

Miscellaneous – Performs other duties as assigned by the Board of Directors.

Salary

The salary of the Chief Executive Officer shall be established by the Board of Directors.

02.131 Contract of the Chief Executive OfficerThe Board shall determine the Chief Executive Officer’s contractual term, which can be for a term of from one (1) to four (4) years. During the April meeting, the Executive Director may request a one-year extension to the existing contract. This request shall be considered during the evaluation of the Executive Director.

02.14 Evaluation of the Chief Executive OfficerEach year during the April Board meeting, the Chief Executive Officer shall report to the Board of Directors concerning accomplishment of CKEC goals and objectives.

An evaluation form will be given to Board members at the monthly meeting prior to the meeting at which the evaluation will be compiled. A copy of the form will be mailed to members not present at that meeting. The members will be asked to return the completed forms to the Board President.

During the April Board meeting the Board will adjourn to executive session for personnel matters:

1. The Chief Executive Officer shall answer questions of Board members concerning accomplishment of CKEC goals and objectives.

2. The Chief Executive Officer shall be excused.

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3. The Board President shall lead the evaluation discussion using the following guidelines:

a. Examine whether action was initiated in accordance with the duties and responsibilities of the Executive Director as specified in policy.

b. Examine whether results were accomplished that were within the Chief Executive Officer’s control.

4. The Board President shall meet with the Chief Executive Officer to discuss the evaluation and shall prepare a written summary of the evaluation for the Chief Executive Officer’s personnel file. The Chief Executive Officer shall receive the member evaluation forms to benefit from the Board members’ feedback.

5. The Board may adjust the Chief Executive Officer’s salary and consider his/her requests for a contract extension (if any) in accordance with the evaluation.

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Personnel03.1 Employment StatusEligibility for Benefits

For purposes of determining eligibility for CKEC benefits, personnel shall be employed based on one (1) of the following designations. Only full-time and regular part-time employees are eligible for employment benefits (leaves, paid holidays, insurance, and retirement benefits).

Full-Time - An employee who works at least thirty-seven and one-half (37½) hours per week on a regular ongoing basis for a minimum of forty-eight (48) weeks.

Regular Part-Time - An employee who regularly works fewer than thirty-seven and one-half (37½) hours per week for a minimum of forty-two (42) weeks.

All others classifications shall not be eligible for any employment benefits beyond pay and coverages required by law.

100-Day - An employee who works no more than one hundred (100) days during the fiscal year, according to Teachers’ Retirement System rules.

Consultant - An individual who provides services for CKEC on an “as-needed” basis.

Intern - An employee who is hired in conjunction with a program established by a college or university that requires or allows credit toward a degree for employment with CKEC.

Temporary - An employee who is hired to work either part-time or full-time no more than six (6) consecutive months. The prior written authorization of the Chief Executive Officer shall be required before a temporary employee begins his/her sixth month of employment.

Section

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P E R S O N N E L

03.11 HiringAuthority to Employ

Appointments, promotions, and terminations of employees will be made by the Chief Executive Officer. The Chief Executive Officer will prescribe the duties and establish compensation as established by the appropriate salary schedule and/or any relevant addendums as adopted annually by the Board. The Chief Executive Officer shall inform the Board of all personnel actions at the next regularly scheduled Board meeting.

Upon employment, certified employees shall be granted a one-year contract (partial year for mid-year start). Following successful completion of a three (3)-month probationary period, professional, classified and technical employees will be awarded a contract for the remainder of the fiscal year containing, upon mutual agreement, a provision that either party may terminate the contract with two (2) weeks notice.

Letters of intent for re-employment with any limitations shall be provided by April 30 of each year. Furthermore, contracts for re-employment shall be presented to the employee on or before July 1 of each year. The contract should be returned to the immediate supervisor within ten (10) days of receipt.

Employment of CKEC staff is employment in CKEC and not in a particular position.

For employees who are hired pursuant to and directly as a result of an agreement with an outside agency, the terms of said employment shall be dictated by the agreement. If the policies stated above and the agreement differ or are in conflict, the terms of the agreement shall prevail.

The Chief Executive Officer, in determining the eligibility of a particular candidate for election to a position, will select that person whose skills best meet the requirements of the job.

No person will assume duties of a position requiring certification qualifications until his/her certificate has been filed or credentials registered with CKEC.

Creation of New Positions

The creation of a new position shall require the approval of Board of Directors. The Chief Executive Officer shall employ all employees, but is encouraged to use the committee process regarding employment of any employee. Terms and conditions of employment for all employees shall be

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P E R S O N N E L

determined by the Chief Executive Officer, in accordance with CKEC Board personnel policies.

No director, manager, supervisor, or representative of CKEC has the authority to enter into any employment agreement, promise, or commitment for any specific period of time except the Chief Executive Officer. Any employment agreement shall be in writing and be signed by the Chief Executive Officer.

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Job Posting

All job openings for regular full-time and part-time positions shall be posted in such a way that all CKEC employees who are qualified and interested in the position may make timely application for the position. The Chief Executive Officer shall give first consideration for openings to applicants who are current CKEC employees and who hold qualifications equal to or better than those required for the position. This provision shall not be interpreted to limit the discretion of CKEC to seek and obtain the best qualified individual for employment with CKEC. The posting shall include information concerning the basic duties and responsibilities, date of opening and closing for acceptance of applications, and the salary range of each position available.

Criminal Records Check

CKEC shall screen all new employees who will have direct contact with students for a criminal past history. The Chief Executive Officer or designee shall require all new employees to submit to a thumbprint state and federal criminal history background check and provide a letter from the Cabinet for Health and Family Services documenting the individual does not have a substantiated finding of child abuse or neglect.as part of the initial employment process.

An employee shall report to the Chief Executive Officer if the employee has been found by the Cabinet for Health and Family Services to have abused or neglected a child, and if the employee has waived the right to appeal such a substantiated finding or the finding has been upheld upon appeal.

Link to DPP-156 Central Registry Check and more information on the required Cabinet Letter:http://manuals.sp.chfs.ky.gov/chapter30/33/Pages/3013RequestfromthePublicforCANChecksandCentralRegistryChecks.aspx

CKEC will use the criminal records check service provided by the Kentucky State Police. CKEC will bear the cost of this service. The initial employment process for any new employee is not complete unless and until the Chief Executive Officer receives the results of the State Police report and verifies the employee qualified for final employment.

The Chief Executive Officer after reviewing the State Police Report shall either qualify the individual for final employment status or terminate the employment process. Reasons for terminating the employee on the basis of the State Police Report include, but are not limited to, past or present criminal behavior threatening to the welfare of children, other employees, school district employees, or the community. The Chief Executive Officer may also

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terminate the employment process as a result of the State Police Report if it reveals behavior or patterns of behavior inappropriate for an individual responsible for the welfare of children.

All prospective employees whose job functions include financial management, budgeting, purchasing or executing payments, deposits, or preparing financial documents, shall be subject to a criminal record check. In addition, they shall be required to sign a document signifying their understanding of, and intent to comply with, established fraud prevention measures.

The Chief Executive Officer shall terminate the employment process if the State Police Report indicates criminal activity including but not limited to, fraud, embezzlement, or other misbehavior involving the handling of funds.

03.111 Medical ExaminationsThe Board may require an employee to submit to medical examinations provided they are based on job-related criteria and comply with ADA and privacy requirements. Initial examination will be at the expense of the employee.

03.113 Equal Employment OpportunityCKEC shall provide equal employment to all employees and applicants for employment without regard to race, color, religion, sex, genetic information, national origin, political affiliation, age, handicap or disability in accordance with applicable state and federal law.

The Chief Executive Officer shall adhere to a policy of equal employment opportunity in all personnel matters, including employment, promotion, demotion, or transfer, recruitment practices, layoff or termination, rates of pay or other terms of compensation, and selection for training in all positions.

Individuals with Disabilities

No qualified person with a disability, as defined by law, shall, on the basis of the disability, be subject to discrimination in employment.

CKEC employment practices shall be in accordance with requirements of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973.

No human immunodeficiency virus (HIV) related test shall be required as a condition of hiring, promotion, or continued employment, unless the absence of HIV infection is a bona fide occupational qualification for the job in question as defined in KRS 207.135.

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Employees who have a long-term or permanent disability may request the Chief Executive Officer to provide reasonable accommodations necessary for them to perform the essential duties of the position. Reasonable accommodation shall be provided as required by law.

03.12 COBRA NotificationAt the time of initial employment an employee shall be given the first COBRA notification. Second notification and continuation of benefits shall be contingent upon the employee’s notifying CKEC of a qualifying event.

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03.122 HolidaysDesignated Holidays

All employees considered full-time or regular part-time in a contract year or period shall be paid for six (6) holidays: New Year’s Day, Labor Day, Martin Luther King Day, Memorial Day, Thanksgiving Day, and Christmas Day. Employees who work 240 or more days in a contract year or period shall also be paid for Independence Day. If any of these holidays occurs on a non-workday, then the Chief Executive Officer shall select an alternate day for the observance. Holidays may not be taken as partial days or in incremental hours. The office will be closed on all designated holidays.

The Chief Executive Officer shall determine the actual days of work for each employee. Non-contract days shall be scheduled with reasonable notice to the immediate supervisor, at the discretion of the employee.

03.123 Absences/Unpaid LeaveAbsences

Employees are expected to notify their immediate supervisor when they must be tardy or absent. Staff in positions requiring substitutes must contact their immediate supervisor to request a substitute for the day.

An employee who is absent from duty without approval shall report the reason to his/her supervisor immediately. Unauthorized and/or unreported absence shall be considered absence without leave and deduction of pay may be made for each period of such absence. Such absences without leave may be grounds for suspension or termination of employment.

Leave Authorization

In order to provide the highest level of service, employees are expected to be at work and on time every day. However, when circumstances dictate, CKEC provides various types of leave under which absences may be authorized. Please note that in many cases a written request, submitted for approval before leave begins, is required. Authorization of leave shall be made in accordance with specific leave policy.

Long-Term Leave

Employees on long-term unpaid leave shall notify the Chief Executive Officer in writing by April 1 of the year the leave terminates of the date of their intent to return to CKEC. Employees who fail to notify the Chief Executive Officer of their return by April 1 shall not be guaranteed employment for the following

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year. If an employee on leave has not contacted the Chief Executive Officer by April 1, the Chief Executive Officer is authorized to fill the position for the following year. Where an employee in the final year of leave fails to contact the Chief Executive Officer by April 1, to either request an extension of leave or to provide a date of return, the Chief Executive Officer may determine whether personnel action is required.

Employees taking any long-term leave will be entitled on return to a comparable position for which they are qualified. Placement in the same position cannot be guaranteed.

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Short-Term Unpaid Leave of Absence

Special leave of absence may be granted to all staff of the Cooperative in accordance with the limits set forth by the Board. When all paid leave options have been exhausted, a written request for unpaid leave of absence may be granted employees for extended personal illness, educational or professional purposes, or for immediate family illness, maternity, adoption of a child or children, or other disability.

The Chief Executive Officer may grant unpaid leave without pay for a period or periods not to exceed twenty (20) working days in any fiscal year.

Holidays/Leave Accrual While on Unpaid Leave

During an employee’s unpaid leave of absence, sick leave shall not accrue. Employees, other than those on FMLA, shall not be paid for holidays that occur during the unpaid leave period.

FMLA

Eligible employees may apply for leave under the provisions of the Family and Medical Leave Act of 1993.

03.1231 Personal LeaveFull-time employees shall be entitled to two (2) days of personal leave with pay each year.

Persons employed for less than a full-year contract shall receive a prorata part of the authorized personal leave days calculated to the nearest one-half (½) day. Persons employed on a full-year contract but scheduled for less than a full workday shall receive the authorized personal leave days equivalent to their normal working day. Four (4) hours of work shall comprise one-half (1/2) of a work day, and eight (8) hours shall comprise a full work day. The lunch period shall be excluded from this determination.

The employee’s immediate supervisor must approve the leave date for noncontract days. The request shall be submitted to the supervisor at least three (3) days prior to the date for which leave is requested. Requests for leave on non-contract days must be submitted to the Chief Executive Officer or designee. Approval of this leave is at the discretion of the Chief Executive Officer or designee. Reason for leave may or may not be required.

Personal leave days not taken during the year shall be converted to sick leave days at the close of the work year.

Fractional Days

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Absence for a fraction of a day that is chargeable to personal leave shall be rounded up to two (2)- hour increments and charged in one-fourth (1/4) days.

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03.1232 Sick LeaveFull-time employees, in positions normally requiring at least 185 contract days at seven and one-half (7½) hours per normal workday or 1387 hours, shall be entitled to ten (10) sick leave days with pay each year. Regular part-time employees, in positions normally requiring fewer than 1387 contract hours, but at least 740 hours, shall be entitled to one (1) day sick leave, calculated to the nearest one-half (½) day, for every 148 hours required for the position. During the first year of employment, one (1) day of sick leave may be earned each month. During the second and subsequent years of employment, sick leave is available on July 1 of each year.

Persons employed on a full-year contract but scheduled for less than a full workday shall receive the authorized sick leave days equivalent to their normal working day. Sick leave days not taken during the year in which they were granted shall accumulate without limitation to the credit of the employee to whom they were granted.

Persons employed on a 100 day contract shall not receive sick leave.

“Sickness” shall mean personal illness, including illness or temporary disabilities arising from pregnancy.

An employee may use up to thirty (30) days of sick leave following the birth or adoption of a child or children.

Sick leave can also be taken for illness in the immediate family or for the purpose of mourning a member of the employee’s immediate family. “Immediate family” shall mean the employee's spouse, children (including stepchildren and foster children), grandchildren, daughters-in-law and sons-in-law, brothers and sisters, parents, spouse's parents, grandparents, and spouse's grandparents, without reference to the location or residence of said relative, and any other blood relative who resides in the employee's home.

Employees coming to CKEC from a Kentucky school district, Kentucky public college or university, or from the Kentucky Department of Education shall transfer accumulated sick leave to CKEC.

Fractional Days

Absence for a fraction of a day that is chargeable to sick leave, including sick leave used as emergency leave, shall be rounded up to two (2)- hour increments and charged in one-fourth (1/4) days.

Upon return to work, an employee claiming sick leave must file a personal affidavit or certificate of a physician stating that the employee was ill or that

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the employee was absent for the purpose of attending to a member of the immediate family who was ill.

See Policy 03.175 for information concerning reimbursement for unused sick leave at time of retirement.

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Sick Leave Donations

Sick leave donation refers to the voluntary contribution of accumulated sick days by one employee to another employee under procedures established by this policy. Sick leave donation shall be considered under the criteria established in this policy.

Employees possessing thirty (30) or more accumulated sick days are eligible to volunteer up to fifteen (15) days of their accumulated sick days to another employee. A donating employee may not request an amount of sick days be donated that reduces his or her sick leave balance to less than fifteen (15) days. The Chief Executive Officer must approve the request to transfer sick leave days. An employee on probationary employment shall not be eligible to participate in the sick leave donation program.

An employee is eligible to receive donations of sick leave if:

1. The employee or a parent, child, brother, sister, or the spouse of any of them, or any person related by blood or affinity with a similarly close relationship suffers from a medically certified illness, injury or impairment or physical or mental condition that has caused or is likely to cause the employee to be absent for at least ten (10) days; or

The employee suffers from a catastrophic loss to his or her personal property due to either a natural disaster or fire that either has caused or will cause the employee to be absent for at least ten (10) or more days.

2. The employee receiving the donation must have exhausted their accumulated sick leave and all other available accumulated paid leave provided by the Cooperative.

3. The employee receiving the donation has complied with the Cooperative’s policies governing the use of sick leave.

All donations of accumulated sick leave are voluntary and no employee or supervisory personnel may in any way require, demand, or pressure any employee to donate accumulated sick days. Violation of this provision shall result in disciplinary action by the Chief Executive Officer.

Any sick leave that remains unused or is not needed by the employee shall be returned to the employee donating the sick leave.

The Chief Executive Officer or designee shall maintain in current and accurate status the records of accumulated sick leave for each employee. Employees desiring to donate one or more accumulated sick days shall complete the appropriate Sick Leave Donation Form. The Chief Executive Officer or his/her

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designee shall verify that the donating employee as well as the recipient employee meets the requirements of this policy before approving the donation.

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03.12322 FMLA (Family and Medical Leave)In accordance with the federal Family Leave and Medical Act of 1993, CKEC provides family leaves of absence without pay to eligible employees who wish to take time off work duties for their own personal illness and to fulfill family obligations relating directly to the birth or illness of a child; the placement of a child for adoption or foster care; or to care for the employee’s seriously ill spouse, child or parent. In addition, FML may be requested for the following military related reasons:

1. To address a qualifying exigency (need) defined by federal regulation arising out of the covered active duty or call to active duty involving deployment to a foreign country of the employee’s spouse, son, daughter, or parent who serves in a reserve component or as an active or retired member of the Regular Armed Forces or Reserve in support of a contingency operation; and

2. To care for a covered service member (spouse, son, daughter, parent or next of kin) who has incurred or aggravated a serious injury or illness in the line of duty while on active duty in the Armed Forces that has rendered or may render the family member medically unfit to perform his/her duties or to care for a covered veteran with a serious injury or illness as defined by federal regulations.

Leave to care for an employee’s healthy newborn baby or minor child who is adopted or accepted for foster care must be taken within twelve (12) months of the birth or placement of the child.

Notices and Deadlines

Employees who may be eligible for or who request leave for any of the above reasons shall be provided an FMLA notice of eligibility and rights and responsibilities. CKEC may require that a request for leave be supported by a certification for health care or military-related situations as permitted by federal law, but such requirements must be set out in the required notice. Employees must request non-emergency leaves thirty (30) days in advance. Employees must request emergency leaves within two (2) working days of the emergency or as soon as practicable. Employees must submit their leave requests to the Chief Executive Officer or their immediate supervisor.

Deadline for Notice to be Provided: Absent extenuating circumstances, within five (5) business days of CKEC receipt of a request or CKEC being made aware of a potentially qualifying reason.

CKEC shall designate an employee's leave, paid or unpaid, as FMLA-qualifying and shall provide a designation notice indicating whether the

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request is approved or if additional information is needed. Leave may be delayed if the employee does not provide proper notice (30 days advance notice for a foreseeable leave); otherwise, notice as soon as the need becomes known).

Deadline for Notice to be Provided: Absent extenuating circumstances, within five (5) business days of learning that an FMLA reason supports the leave.

Eligibility

Regular full-time and regular part-time employees are eligible to request family leaves as described in this policy.

Eligible employees may request family leaves only after having been employed by CKEC for at least twelve (12) months and having worked at least 1250 hours during the twelve (12)-month period directly before the leave would start. In determining whether returning veterans meet the minimum 1,250 hour standard, hours actually worked for CKEC during the twelve-month period are to be combined with hours they would have worked for CKEC had they not been called for military service.

Eligible employees may request up to twelve (12) weeks of family leave within any twelve (12)- month period. When family and medical military caregiver leave is taken based on a serious illness or injury of a covered service member, an eligible employee may take up to twenty-six (26) workweeks of leave during a single twelve-month period. With the Chief Executive Officer’s approval, an employee may take any available sick or annual leave as part of the approved period of leave.

Unless the employee waives medical coverage while on leave, medical coverage provided by the State of Kentucky’s health insurance plans through CKEC will continue. The State of Kentucky will continue to make the premium payment while an employee is on FML. If the employee makes a contribution to his/her health insurance, then during the leave the employee must continue to make their contribution for medical coverage after the first thirty (30) days of family or medical leave. Failure to make this payment will after a thirty (30)- day grace period result in the termination of that employee’s medical coverage by the State of Kentucky.

CKEC will reinstate the employee, upon his/her return to work, into the health insurance plan with no break in coverage or pre-existing conditions. This is true even if the employee waives coverage or lost coverage during a family or medical leave. CKEC will suspend benefit accruals, such as sick leave or holiday benefits, during unpaid family leave. Benefits accruals resume upon return of the employee to active employment.

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When a family leave ends, CKEC will return the employee to the same position, if it is available, or to a similar available position at the same level of pay and benefits provided before the leave period. If an employee fails to report to work promptly at the end of the approved leave period, CKEC will assume that the employee has resigned.

NOTICE

CKEC shall notify employees of family and medical leave provisions by posting appropriate notices in conspicuous places in the main office and each worksite and distributing notices as required by law.

03.1234 Extended Disability LeaveUnpaid extended disability leave may be granted only after accumulated sick leave days have been exhausted.

A physician’s statement shall be required when requesting an unpaid extended disability leave of absence. The statement shall indicate the nature of the illness and the estimated recovery time. A second physician’s statement may be required on either the request of the Chief Executive Officer or the employee. The cost of the second physician’s statement shall be borne by the party requesting the statement.

The length of extended disability leave shall be based on the recommendation of the employee’s physician. Leave shall normally not exceed three (3) months.

The Board, upon recommendation of the Chief Executive Officer, may lengthen the period of extended disability leave granted based on the recommendation of the employee’s physician and upon the employee’s request. A second physician’s statement may be required on the request of either the Chief Executive Officer. The cost of the second opinion shall be borne by CKEC.

Employees on extended disability leave shall notify the Chief Executive Officer in writing of their intent to return to CKEC on or before the date prescribed. Employees who fail to notify the Chief Executive Officer of their return by the date prescribed may not be guaranteed employment for the following year.

When, in the opinion of the Chief Executive Officer, there is evidence that an employee is no longer able to perform satisfactorily the assigned duties, the Chief Executive Officer may require the employee to provide evidence of fitness in the form of an examination and report by a physician of the Chief Executive Officer’s choosing. CKEC shall bear the cost of this examination.

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The Chief Executive Officer may place the employee on involuntary disability leave pending the physician’s examination. When the Chief Executive Officer’s personal health is in question, the Board may place the Chief Executive Officer on involuntary disability leave pending the physician’s examination.

The employee shall have the right to a hearing on such an involuntary leave and its renewal or extension.

In compliance with the Family and Medical Leave Act of 1993, medical leave shall be granted in accordance with Board Policy 03.12322.

03.1235 Educational LeaveUpon written request and recommendation of the Chief Executive Officer, the Board may grant certified or professional personnel a leave, without pay, not to exceed two (2) consecutive years for the purpose of obtaining additional training to enhance professional skills. Leave may be granted for full-time attendance at universities or other training activities approved by the Board when those activities are related to the employee’s job or to other jobs an employee might hold at CKEC. Other than service to the KDE or another governmental agency, leave shall not be granted for part-time educational activities or to allow persons to hold full-time employment with another organization during the period of leave.

Written application for educational leave must be made at least sixty (60) days before the beginning of the year.

Other

The Board may grant leave of absence for a period not to exceed the length of the contract for the following purposes, without pay:

1. For assignment to and attendance at college, university, or business school for the purpose of training in subjects related to the work of the employee

2. For purposes other than above that are deemed to be in the best interest of CKEC, as determined by the Board.

03.1236 Emergency/Crisis LeaveConsistent with the following provision, personnel may use up to three (3) sick leave days per year for emergency leave. At the discretion of the Chief Executive Officer, additional sick leave days may be authorized as emergency days to deal with extraordinary circumstances. Emergency leave must be requested through the Chief Executive Officer or their immediate supervisor

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who will determine if the leave requested meets the Board’s criteria. Employees must request emergency leaves within two (2) working days of the emergency or as soon as practicable.

Emergency leave shall be for the following reasons:

Bereavement: - Death of the following relatives: employee's spouse, children (including stepchildren and foster children), grandchildren, daughters-in-law and sons-in-law, brothers and sisters, parents, spouse's parents, grandparents, and spouse's grandparents, without reference to the location or residence of said relative and any other blood relative who resides in the employee's home.

Personal disasters

Hazardous travel conditions

Court appearances

Urgent matters that require the immediate attention of the employee and cannot be taken care of before or after the employee’s working day.

Persons taking emergency leave must file a personal affidavit upon their return to work stating the specific reasons for their absence.

Fractional Days

Absence for a fraction of a day that is chargeable to sick leave used as emergency leave shall be rounded up to two (2)- hour increments and charged in one-fourth (1/4) days.

Crisis

In the event of natural or man-made disasters, as determined by the Kentucky Community Crisis Response Board (KCCRB), or under national security conditions, the Chief Executive Officer of CKEC/designee may grant emergency/crisis leave with pay to CKEC employees to assist KCCRB during such periods.

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03.1237 Jury and Witness LeaveEmployees shall be entitled to leave of absence from duties, without loss of time or pay, for that amount of time necessary to comply with subpoenas by any court, federal, state, or political subdivision thereof, to serve as a juror or witness except in cases where employees or a member of their family is a party plaintiff or defendant in court action. This leave shall include necessary travel time. If relieved from duty as a juror or witness during normal working hours, the employee shall return to work unless by the time the employee returns, his/her shift would be over. Any compensation received as a result of court leave (jury pay or other compensation, except expense monies), shall be reimbursed to CKEC.

Persons who will be absent from work for court leave must give advance notice to their immediate supervisors.

03.1238 Military/Disaster LeaveEmployees shall be entitled to military leave, without loss of time, pay, regular leave, impairment of efficiency rating, or of any other rights or benefits to which they are entitled. Determination of the period of military leave to be granted shall be made according to statutory requirements and shall be based on the federal fiscal year.

The employee is responsible for notifying his/her immediate supervisor as soon as s/he is notified of an impending military-related absence.

Under KRS 61.395, the Board may grant disaster services leave to requesting eligible employees.

03.1239 Legislative LeaveUpon written request, personnel shall be granted a leave of absence, without pay, to serve as a member of the General Assembly. Leave shall be for the period of service.

The Board may require personnel to take a leave of absence, without pay, while campaigning for any elective position.

03.1251 Training/Professional Development PaymentThe Board may pay employees’ training/professional development payments when the training/professional development is used to develop skills or upgrade performance. All full-time, regular Board employees who have completed a minimum of six (6) months of service with the CKEC are eligible to participate in the program.

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Training/professional development payment may be provided for courses offered by approved institutions of learning such as accredited colleges, universities, and secretarial and trade schools. Courses must be, in the Board’s opinion, directly or reasonably related to job requirements or job performance with the CKEC.

Courses must not interfere with the employee’s job responsibilities.

Payment covers actual costs of tuition and registration fees for approved courses, training, textbooks and other required course materials only.

Employees eligible for reimbursement from any other source (e.g., a government-sponsored program or a scholarship) may seek payment under our training/professional development payment policy, but are reimbursed only for the difference between the amount received from the other funding source and the actual course cost.

Employees seeking training/professional development must submit an expense form to the appropriate supervisor prior to the commencement of the course(s) or training, receive written approval from the Chief Executive Officer in advance, be actively employed by the Board at the time of course completion and successfully complete the course.

The Chief Executive Officer shall have the discretion to grant or deny requests with the recommendation of the employee’s supervisor.

On completion of the course or training, the employee shall submit to the Chief Executive Officer an official transcript, attendance certificate, assessment results or other documentation that indicates successful completion of the course or training.

Training/professional development payment shall not include the costs of supplies, papers, equipment, travel, meals or rooming expense. The Board offers training/professional development payment only on a semester basis and makes no representation or promise of assistance beyond any semester that training/professional development payment is granted.

Employees who have been granted tuition/training payment shall continue employment with the Board for a minimum of one (1) calendar year from the date of payment. Unless otherwise authorized by the Chief Executive Officer, when an employee voluntarily leaves employment before completion of the one year period, the employee immediately shall reimburse the Board for the amount of tuition/training payment received during that period.

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Employees shall refund the Board any monies paid to employee for reimbursement of his/her textbook and/or fees (i.e., selling a textbook back to the bookstore).

03.132 SupervisionJob Descriptions

There shall be written job descriptions for all employees of CKEC. Job descriptions shall include qualifications, reporting relationships, performance responsibilities (including physical responsibilities), work year, and salary schedule.

Standards of Conduct

In order to fulfill the mission and goals of CKEC, the work environment must reflect an atmosphere of cooperation and professional courtesy. To promote such an atmosphere, employees shall conduct themselves during their working hours and, in the context of their assigned duties, in a manner consistent with the following standards:

Employees shall maintain civility with all with whom they come into contact and shall treat each individual with professional courtesy.

Employees shall address and publicly refer to their co-workers only in terms reflecting respect and common courtesy. Examples of behaviors that should be avoided include profane or insulting name calling, stories, or pictures of or about a co-worker intended to stigmatize him or her.

A bad day or week at an employee’s home shall not be reflected in the employee’s performance at the office.

Employees who fail to observe these standards shall be subject to appropriate disciplinary measures, up to and including dismissal.

Employees are expected to follow policy in intervening and reporting to their supervisor those situations that endanger the safety of other staff members or visitors to CKEC. Such instances shall include, but are not limited to, bullying, hazing, and harassment/discrimination of staff, or visitors by any party.

Employees shall cooperate fully with all investigations conducted by CKEC as authorized by policy or law. Failure to comply may be considered insubordination.

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03.1321 Use of CKEC PropertyNo CKEC employee shall use any building, equipment, or other property owned by the Board for personal use, unless otherwise approved by the Chief Executive Officer or Board.

Employees may not use a code, access a file, or retrieve any stored communication unless they have been given authorization to do so. Employees cannot expect confidentiality or privacy of the information in their e-mail accounts. Authorized CKEC personnel may monitor the use of electronic equipment from time to time.

Use of Personal Property in the Workplace

When the assigned location of employment is changed, the employee must remove personal property in a timely manner. Otherwise, all claims to the property shall be relinquished.

Employee Responsibility

All personnel shall be responsible for CKEC equipment, supplies, publications, furniture, and apparatus under their care and use. Any damaged, lost, stolen, or vandalized property shall be reported immediately to an employee's immediate supervisor. Unless otherwise approved by the Chief Executive Officer or designee, an employee shall not use CKEC property for personal gain or benefit or to perform outside work.

03.1322 GiftsNo employee or Board member of CKEC shall receive, directly or indirectly, any gift, reward, or promise of reward in exchange for influence in recommending or procuring the use of any goods, services, property, or merchandise of any kind for which funds are expended.

No employee shall accept, for personal use, gifts from current or potential vendors.

Any gift accepted on behalf of CKEC becomes the property of CKEC to be used in a fair and equitable manner. Disposition of any gift valued at less than $25 presented to a CKEC employee for CKEC use shall be determined by the Chief Executive Officer/designee. Determination of how gifts valued at more than $25 shall be made by the Board of Directors.

Unless authorized by the Chief Executive Officer, sales representatives, agents, or other solicitors, shall not solicit staff or other employees during the workday.

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No CKEC employee shall provide to any outside group or individual a list of students, teachers, or other employees for solicitation or other purposes without prior authorization by the Chief Executive Officer/designee. Such release must be in accordance with the Family Education Rights and Privacy Act (FERPA) and the Open Records Act.

Appeals by community organizations for support shall be authorized in writing by the Chief Executive Officer prior to collection of funds. All donations/contributions will be voluntary.

03.1324 Political ActivitiesEmployees of the Board shall not engage in political activities during office hours. At no time shall CKEC equipment be used for political purposes by employees. Any employee engaging in political activity during office hours shall be subject to disciplinary action that could result in termination.

03.1325 Disrupting the WorkplaceAny employee who participates in or encourages activities that disrupt the orderly administration of CKEC activities or operations may be subject to disciplinary action, including termination.

1. Behavior that disrupts the educational process includes, but is not limited to:

Conduct that threatens the health, safety or welfare of others;

Conduct that may damage public or private property (including the property of staff or visitors);

Illegal activity; or

Conduct that disrupts delivery of services, completion of work responsibilities or interferes with the orderly administration of CKEC and CKEC -related activities or CKEC operations.

1. No employee, employee organization, or any affiliate, including but not limited to, state or national affiliates thereof, may take part in, promote, or assist in a strike against the CKEC.

2. The Board may, in any action of law, suit in equity, or other proper proceedings, take action against any employee organization, any affiliate thereof, or any person aiding or abetting in a strike, for redress of such unlawful act.

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3. CKEC will not pay salary, wage, or related fringe benefits to or on behalf of any employee for any day when the employee fails, as a result of a strike, to report for work as required by his/her contract.

4. Neither an employee organization, its officers, its agents, its members, nor any employee may assist, engage, or take part in, or cause, induce, or encourage any strikes, sanctions, slowdowns, sick-ins, picketing or refusal to cross picket lines, boycotts, interruptions of work, other public demonstration, or any concerned effort that interferes with, impedes, or impairs the normal operation of CKEC.

5. Violation by an employee of any or all of the above conditions allows the Board, at its sole determination, to take such disciplinary action as it may decide, up to and including dismissal of the employee.

03.13251 Use of Alcohol and DrugsProhibitions

Employees must not manufacture, distribute, dispense, be under the influence of, purchase, possess, use, or attempt to obtain, sell or transfer any of the following in the workplace or in the performance of duties:

1. Alcoholic beverages;

2. Controlled substances, prohibited drugs and substances, and drug paraphernalia; and or any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance as defined by federal regulation.

3. Substances that "look like" a controlled substance. In instances involving look-alike substances, there must be evidence of the employee’s intent to pass off the item as a controlled substance.

In addition, employees shall not possess prescription drugs for the purpose of sale or distribution.

Definitions

"Controlled substance" shall mean any substance or immediate precursor listed in Chapter 218A of the Kentucky Revised Statutes or any other substance which may be added by the Kentucky Cabinet for Health and Human Services under regulations pursuant to KRS 218A.020.

Prohibited drugs include, but are not limited to, any substance that an individual may not sell, possess, use, distribute or purchase under Federal or Kentucky law.

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Prohibited substances include:

1. All prescription drugs obtained without authorization, and

2. All prohibited substances however taken or used, including but not limited to, inhaling, ingesting, and/or injecting. These include, but are not limited to, prescribed and over-the-counter drugs, prohibited volatile substances as defined in KRS 217.900, or synthetic compounds/substances that are used or intended for use for an abusive and/or intoxicating purpose.

Any employee who violates the terms of this policy may be suspended or terminated. In addition, violations may result in notification of appropriate legal officials.

As an alternative, the Chief Executive Officer may choose that an employee who violates the terms of the CKEC drug-free/alcohol-free workplace policies shall satisfactorily participate in a CKEC-approved drug/alcohol abuse assistance or rehabilitation program. If the employee fails to satisfactorily participate in such a program, the employee may be suspended or terminated.

03.13253 Domestic/Dating Violence Reporting and EducationApplicable to CKEC Personnel as Defined in KRS 209A

Upon the request of a victim, CKEC personnel as defined in KRS 209A, shall report an act of domestic violence and abuse or dating violence and abuse to a law enforcement officer. CKEC personnel shall discuss the report with the victim prior to contacting a law enforcement officer.

CKEC personnel shall report to a law enforcement officer when s/he has a belief that the death of a victim with whom s/he has had a professional interaction is related to domestic violence and abuse or dating violence and abuse.

These reporting requirements covering domestic violence and abuse or dating violence and abuse do not relieve any other CKEC personnel of the duty to report any known or suspected abuse, neglect, or dependency of a child pursuant to KRS 620.030. This separate reporting requirement covers abuse, neglect or dependency of a child committed or caused by a parent, guardian, other person exercising control or supervision, or a person in a position of authority or special trust.

If individual CKEC personnel has reasonable cause to believe that a victim with whom s/he has had a professional interaction has experienced domestic violence and abuse or dating violence and abuse, s/he shall provide

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educational materials to the victim relating to such form(s) of abuse and including information on access to regional domestic violence programs or rape crisis centers and how to access protective orders. These materials shall be made available to CKEC personnel in print form or on the web by the primary domestic violence, shelter, and advocacy service provider designated by the Cabinet for Health and Family Services to serve the CKEC’s area.

03.1327 Tobacco UseThe use of tobacco products inside CKEC offices is prohibited, including offices, stairwells, elevators, hallways, classrooms, restrooms, reception areas, conference rooms, break/lounge areas, and in CKEC-rented vehicles.

03.1331 Outside ActivitiesEmployees may not perform any duties related to an outside job during their regular working hours.

Services to Other Agencies and Organizations

Employees shall not participate as a speaker or facilitator in their capacity as a CKEC employee or representative at a convention, workshop, or other program sponsored by another agency or organization without notification to the Chief Executive Officer. Except in the event of a last minute request, permission to participate in an event shall be obtained at least thirty (30) days prior to the activity.

Employees shall not accept honoraria or other compensation above and beyond the salary paid by CKEC from other agencies or organizations with which CKEC works in the educational arena without prior permission of the Chief Executive Officer. Such groups would include, but not be limited to, the Kentucky Department of Education, KEA, KASA, regional cooperatives and local Kentucky school districts. In the event the employee receives permission to accept compensation from such groups, the employee shall:

Perform services for such other agency or organization on his/her personal time at no monetary cost to CKEC, and at no detriment to his/her own performance for CKEC, taking leave as appropriate;

Not be considered to be an employee of CKEC (for any purpose) during the time that the employee is preparing for, traveling to and from the performance of and performing services for such other agency or organization; and

Disclaim that s/he represents CKEC during the time that s/he is performing services for the other agency or organization.

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Media Presentations

Employees shall not plan, accept or schedule an appearance on radio or television in their role as a CKEC employee without notifying their immediate supervisor. In such instances, the supervisor/director shall notify the Chief Executive Officer of the planned appearance as soon as possible.

In response to media requests, directors are authorized and encouraged to provide information on an as-needed, impromptu basis in keeping with their CKEC responsibilities. Examples would include responding to telephone and written requests or spur-of-the-moment verbal requests for information. In such cases, notification to the Chief Executive Officer shall not be required.

For further information, refer to Policy 03.1721.

03.1332 Hours of DutyStandard Office Hours

Standard office hours shall be eight (8) hours with than one-half (½) hour for lunch. The working hours shall be established by the Chief Executive Officer, and the regular work week shall be thirty-seven and one-half (37½) hours. Professional employees are expected to be available for work in addition to the regular work week of thirty-seven and one-half (37½) hours, when required.

Flexible time in scheduling individual work hours shall be requested in writing from the immediate supervisor.

Employees are entitled to a rest period of at least ten (10) minutes during each four-(4)-hour work period.

Work Year

The employment year for all employees shall commence on July 1. Salaries and related benefits will be prorated for the first year and last year of employment.

Employees shall prepare a monthly work calendar showing days to be worked in fulfillment of their contract. Once approved, changes to the work calendar are to be requested in writing and will require the approval of the immediate supervisor and Chief Executive Officer.

Weather Related Work Days

The expectation of the Board is that all employees will work all days as specified in his or her contract. However, inclement weather may impact the ability of employees to report to work.

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The CKEC office is always opened on inclement weather days that are not weekends or designated holidays unless the Executive Director closes the office.

If the Fayette County Schools are closed, then all CKEC trainings are canceled unless participants are notified otherwise.

If the Fayette County Schools are delayed, then CKEC staff may be delayed as well. We encourage staff to use their best judgment and discretion in reporting to work. Safety first.

If schools served by the CKEC are closed, all staff are to report to the CKEC offices unless it is too treacherous to come in. Employees have the option of taking a non-contract day or a personal day if they cannot make it in to the CKEC offices due to weather.

In certain limited circumstances the CKEC Special Education Director or the CKEC Director of District Wide Services may permit a staff member to work from home during an inclement weather day if he or she is working on a presentation, project, or report. A product must be produced.

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03.14 Health and SafetyThe Chief Executive Officer shall take all necessary and reasonable steps to create a safe and healthful working environment. Relevant federal and state occupational health and safety laws shall be followed. Employees shall cooperate with the Chief Executive Officer to help maintain a safe and healthful working environment. To that end, employees shall:

Exercise maximum care and good judgment at all times to prevent accidents and injuries;

Seek first aid for all injuries, regardless of how minor and report the injury to the supervisor as soon as possible;

Report unsafe conditions, equipment or practices to supervisory personnel; and

Observe conscientiously all safety rules and regulations.

When an employee reports an unsafe condition, equipment or practice to a supervisor, the supervisor shall provide written documentation confirming receipt of the report. On receipt of a report from an employee, the supervisor shall have the unsafe condition corrected or report the condition, in writing, to the Chief Executive Officer.

03.15 Confidentiality of RecordsData and information concerning students may be collected to provide a sound basis for educational decisions and to enable CKEC program staff to prepare necessary reports. The Chief Executive Officer shall establish procedures for confidentiality and information access in compliance with the Family and Education Rights and Privacy Act. Employees may only access student record information in which they have a legitimate educational interest.

Personally identifiable student information may be released to those other than employees who are designated by the CEO in connection with audit, evaluation, enforcement, or compliance activities regarding Federal or State programs. Such designation must be executed in writing with the authorized representative and specify information as required by 34 C.F.R Part 99.35.

Duty to Report

If it is determined that CKEC cannot comply with any part of FERPA or its implementing regulations due to a conflict with state or local law, the CEO/designee must notify the Family Policy Compliance Office (FPCO) within

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forty-five (45) days of the determination and provide the text and citation of the conflicting law.

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03.16 Grievances/CommunicationsStaff Involvement

The Board believes that, to the extent practicable, employees affected by major decisions should have the opportunity to have input or make recommendations to the Chief Executive Officer. Appropriate areas for broad participation by employees would include, but not be limited to, development of policy and administrative rules and budget planning.

Lines of Communication

CKEC employees shall be informed of approved lines of communications and required to follow these lines in carrying out their duties.

The Chief Executive Officer/designee has developed specific procedures to assist employees in making a complaint.

Grievances/communications are individual in nature and must be brought by the individual employee. CKEC shall not hear grievances or complaints concerning simple disagreement or dissatisfaction with a personnel action.

A grievance shall be based on a violation of personnel policy or law or upon harm to the individual employee that results in substantial injury to compensation, workload, hours or conditions. The Chief Executive Officer shall have the authority to determine whether an issue is a suitable subject for a grievance.

Grievances

It is the policy of CKEC to provide employees with the opportunity for redress of job actions or conditions that the employee believes unfair, in conflict with policies, or in violation of state or federal law.

Any employee dissatisfied with working conditions or other management-controlled matters may file a written grievance to seek correction or relief. A grievance may be filed when the employee believes that rules have been interpreted or applied incorrectly or when there is no rule governing a condition that the employee believes unjust.

All grievances will be resolved fairly and promptly.

A grievance is an employee’s expressed feeling of dissatisfaction concerning conditions of employment or treatment by management, supervisors, or other employees.

Harassment/discrimination allegations shall be governed by Policy 03.162.

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Retaliation

Employees will not under any circumstances be penalized for using the grievance procedure. Supervisors are responsible for ensuring that the grievance is fully processed until the employee is satisfied with the decision or until the employee’s recourse within the grievance procedure is exhausted. All employees and their representatives are assured freedom from restraint, interference, coercion, discrimination, harassment, or reprisal in preparing and presenting a grievance under the specified procedure.

Failure to file a grievance in accordance with the procedure will result in forfeiture of the employee’s rights to relief through the grievance procedure. Failure on the part of management to follow procedures or to render a decision in a timely fashion shall result in a decision in favor of the employee entitling him/her to the requested relief, to the extent that it is within the ability and authority of CKEC to provide such relief.

Procedures

All management responses to a grievance will be in writing.

The aggrieved must file a grievance within ten (10) working days after the condition occurred, unless the condition is continuous in which case the grievance may be filed any time during which the condition exists or within ten (10) working days of its cessation.

The person initiating the grievance is required to put it in writing. The grievance must be taken to a supervisor at the lowest level who can take measures to rectify the condition.

The decision of the Chief Executive Officer is final and binding.

03.161 Due ProcessAll employees have the right to required due process in the resolution of a dispute regarding adverse action taken against them.

An employee who is being disciplined due to poor job performance or for other good cause has the following rights:

1. The right to know the specific reason(s) for the disciplinary action;

2. An opportunity to be heard, including

a. The right to present witnesses on his/her behalf;

b. The right to representation at the employee’s expense by a person of their own choosing (subject to the restrictions of these policies

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and procedures);

3. A prompt decision rendered in writing;

4. Redress for CKEC failure to follow its own policies and procedures, including the employee’s right to due process;

5. Redress for gross disregard of the facts or evidence in a case at earlier stages of an appeal, whereupon if the employee alleges and can prove in writing such disregard, the Board of Directors may review the merits of the case; and

6. The right to appeal the decision of CKEC or its governing bodies to independent external bodies, such as the State or local Human Rights Commission, Equal Employment Opportunity Commission, or courts of law.

03.162 Harassment/DiscriminationDefinition

Harassment/Discrimination of employees is unlawful behavior based on the race, color, national origin, age, religion, sex or disability of an employee involving intimidation by threats of or actual physical violence; the creation, by whatever means, of a climate of hostility or intimidation, or the use of language, conduct, or symbols in such manner as to be commonly understood to convey hatred or prejudice.

Prohibition

Harassment/Discrimination is prohibited at all times on CKEC property and off CKEC grounds during CKEC-sponsored activities. This prohibition also applies to visitors to CKEC who may come into contact with employees and students. (Acts of harassment/discrimination based on sex may be committed by persons of the same or the opposite sex.)

CKEC staff shall provide for a prompt and equitable resolution of complaints concerning harassment/discrimination.

Disciplinary Action

Employees who engage in harassment/discrimination of another employee or a student on the basis of any of the areas mentioned above shall be subject to disciplinary action including, but not limited to, termination of employment.

Guidelines

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Employees who believe they or another employee or a visitor is being or has been subjected to harassment/discrimination shall, as soon as reasonably practicable, report the incident. The Chief Executive Officer is the person responsible for receiving reports of harassment/discrimination at the building level.

Complaints of harassment/discrimination, whether verbal or written, shall lead to a documented investigation and a written report.

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The Chief Executive Officer shall provide for the following:

1. Investigation of allegations of harassment/discrimination to commence as soon as circumstances allow, but not later than three (3) working days from submission of the original written complaint, regardless of the manner in which the complaint is communicated to the CEO. A written report of all findings of the investigation shall be completed within thirty (30) calendar days, unless additional time is necessary due to the matter being investigated by a law enforcement or governmental agency.

The Chief Executive Officer/designee may take interim measures to protect complainants during the investigation.

2. A process to identify and implement, within five (5) working days from the submission of the written investigative report, methods to correct and prevent reoccurrence of the harassment/discrimination. If corrective action is not required, an explanation shall be included in the report.

3. A process to be developed and implemented to communicate requirements of this policy to all staff, which may include, but not be limited to, the following:

written notice provided in publications such as handbooks, staff memoranda, and/or pamphlets;

postings in the same location as are documents that must be posted according to state/federal law; and/or

such other measures as determined by the Chief Executive Officer.

4. Annual training explaining prohibited behaviors and the necessity for prompt reporting of alleged harassment/discrimination; and

5. Development of alternate methods of filing complaints for individuals with disabilities and others who may need accommodation.

Prohibited Conduct

Depending on the circumstances and facts of the situation, and within the definition of harassment/discrimination contained in this policy, examples of conduct and/or actions that could be considered a violation of this policy include, but are not limited to:

1. Any nicknames, slurs, stories, jokes, written materials or pictures that are lewd, vulgar, or profane and relate to any of the protected

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categories listed in the definition of harassment/discrimination contained in this policy;

2. Unwanted touching, sexual advances, requests for sexual favors, and spreading sexual rumors;

3. Instances involving sexual violence;

4. Causing an employee to believe that s/he must submit to unwelcome sexual conduct in order to maintain employment or that a personnel decision will be based on whether or not the employee submits to unwelcome sexual conduct;

5. Implied or overt threats of physical violence or acts of aggression or assault based on any of the protected categories;

6. Seeking to involve individuals with disabilities in antisocial, dangerous or criminal activity where they, because of disability, are unable to comprehend fully or consent to the activity; and

7. Destroying or damaging an individual's property based on any of the protected categories.

Confidentiality

CKEC employees involved in the investigation of complaints shall respect, as much as possible, the privacy and anonymity of all parties involved.

Appeal

Upon the completion of the investigation and correction of the conditions leading to the harassment/discrimination, any party may appeal in writing any part of the findings and corrective actions to the Chief Executive Officer.

If the Chief Executive Officer is an alleged party in the harassment/discrimination complaint, provision shall be made for addressing the complaint to a higher level of authority, including to the President of the Board of Directors.

Failure by an employee and/or the Chief Executive Officer to report, notify, and/or initiate an investigation of alleged harassment/discrimination as required by this policy or to take corrective action shall be cause for disciplinary action.

Retaliation Prohibited

No one shall retaliate against an employee or student because s/he submits a grievance, assists or participates in an investigation, proceeding, or hearing

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regarding the charge of harassment/ discrimination of an individual or because s/he has opposed language or conduct that violates this policy.

Upon the resolution of allegations, the Chief Executive Officer shall take steps to protect employees and students against retaliation.

Other Claims

When a complaint is received that does not appear to be covered by this policy, administrators shall review other policies that may govern the allegations.

03.17 Employee DisciplineTermination and nonrenewal of contracts are the responsibility of the Chief Executive Officer. Certified employees who resign or terminate their contracts must do so in compliance with KRS 161.780.

Provided due process is provided per policy 03.161, any employee who violates any of CKEC rules and regulations, policies, procedures, and standards of employee conduct and behavior shall be subject to disciplinary action. Disciplinary action may be taken against an employee when, in the judgment of the supervisor, such action is warranted. Discipline shall be commensurate with the problem involved and shall not exceed the limits of this section.

03.171 Non-renewal of Contracts and Staff ReductionUpon recommendation of the Chief Executive Officer, the Board must present to a certified employee written notice, signed by the President, that his/her contract will not be renewed no later than May 15 of the year in which the contract is in effect. Upon written request by the employee, the Chief Executive Officer shall provide a written statement containing the specific, detailed, and complete grounds upon which non-renewal of the contract is based.

In the event of a loss of funding, the Board shall have full authority to reduce the number of employees. Upon recommendation of the Chief Executive Officer and approval of the Board, a reduction of staff for any position may occur. Further suspension of contracts may be made pursuant to KRS 161.800.

Non-renewal of contracts or staff reduction of those employees who are hired pursuant to and as a direct result of an agreement with an outside agency shall occur upon the termination of the agreement between CKEC and the

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agency under which they were hired, upon voluntary resignation of the employee, or upon such other terms in said agreement.

Termination

CKEC has established certain conditions under which employees may be removed from CKEC payroll. Standard procedures will be followed when it becomes necessary to terminate employees.

It is the policy of CKEC to separate/terminate employment because of an employee’s resignation, discharge for cause, retirement, release for the good of the agency, or as a result of a permanent reduction in the work force. Termination can result from employee misconduct or unsatisfactory job performance. In the absence of a specific policy or written agreement to the contrary, CKEC reserves the right to terminate employment for any business reason.

Supervisors will forward notices of recommended separation/termination to the Chief Executive Officer accompanied by written documentation supporting the proposed action.

An employee who is not satisfied with the decision to terminate, i.e., disciplinary termination, should refer to CKEC grievance procedures.

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All outstanding debts to CKEC may be deducted from the employee’s final paycheck. If any CKEC property in the employee’s possession has been lost or damaged, the cost of repairing or replacing such property shall be deducted from the final check. Employees are expected to make arrangements to cover the cost of loss or damage if the total amount is not deducted from the final check.

The finance department will arrange to have the final pay for the terminated employee available within three (3) working days of his/her last work day. Final paychecks will be distributed by the Chief Executive Officer or designee. The appropriate department will be responsible for the return by terminated employees of all CKEC property in their possession, including books, manuals, identification cards, and keys.

Resignation

All employees are expected to give written notice of their intent to resign or retire. Such notice should be delivered to the Chief Executive Officer in advance of the date of resignation or retirement as follows:

Certified and Professional staff – thirty (30) days

Clerical, non-professional, technical, and maintenance staff – ten (10) working days

Failure to give the required notice may result in forfeiture of CKEC paid benefits and ineligibility for re-employment.

Any employee who is absent from work without prior approval or without having notified the immediate supervisor of his/her absence or the reason for it will be considered as having resigned after the third consecutive day of absence.

03.1721 Conflict of InterestEmployees of CKEC may serve as consultants to outside agencies, public and/or private, providing that the consultant work does not interfere with the employee’s performance responsibilities and does not constitute a conflict of interest. A conflict of interest includes, but is not limited to, work performed for a competitor; work that could be contracted by CKEC; or activities that would go against the interests of CKEC. Consulting during working hours requires prior authorization by the Chief Executive Officer. Paid consultant work shall be on the employee’s own non-contract time. Related Policy: 03.1331

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03.174 Reinstatement of Staff MembersThe Chief Executive Officer shall have the authority to reinstate immediately personnel upon receipt of information that s/he believes justifies reinstatement or upon the reinstatement of an agreement with the outside agency under which employee was previously employed.

The Chief Executive Officer shall report to the Board the reinstatement and the rationale for such action at the next meeting following the reinstatement.

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03.175 RetirementDefinition

Retirement means retirement from the Teachers’ Retirement System (TRS) or the County Employees Retirement System (CERS) after completing at least twenty-seven (27) years of service or reaching the age of 62.

Qualifications

All certified employees and all other employees required to hold a degree from a four (4)- year college or university are required to participate in the TRS. All other full-time employees that meet the minimum workweek as specified by CERS are required to participate in the CERS.

Notice

Persons retiring should give the Chief Executive Officer notice as far in advance as possible, but not less than ten (10) working days prior to retirement for non-certified staff and not less than thirty (30) days for certified/professional staff.

Responsibility

Retirement benefits shall be solely a matter of contract between the employee and the TRS or the CERS and shall not be the responsibility of the Board.

Unused Sick Days

Thirty per cent (30%) of all accumulated sick leave shall be used for determining reimbursement only upon initial retirement from TRS if the employee has been employed by CKEC/CKSEC for at least five (5) consecutive years prior to retirement.

Employees retiring with fewer than five (5) years of consecutive service with CKEC/CKSEC will be eligible for reimbursement at the thirty percent (30%) rate only upon initial retirement and only for sick leave accrued while employed by the Cooperative.

Escrow Account & Eligibility

In compensating employees for unused sick leave, the Board has created an escrow account to maintain the funds necessary to reimburse employees who qualify for the benefit. To fund the escrow account each fund or project will contribute a percentage of salaries processed through CKEC payroll system. The percentage will be set and reviewed as needed by the Board.

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03.18 Evaluation of StaffAll employees shall be evaluated annually. Evaluations shall recognize the individual contributions of employees and shall address the need for accountability. For those employees who are hired pursuant to and as a direct result of an agreement with an outside agency, evaluations may be made by said agency, in lieu of the requirements set forth herein.

The procedures for such evaluations shall be established and implemented by the Chief Executive Officer. Evaluations, along with any response materials an individual employee wishes to submit, are confidential and will become a part of the employee’s permanent record.

The Chief Executive Officer /designee shall have the responsibility for evaluation of CKEC personnel. Evaluations will be completed annually and not later than June 30th of each year. The evaluation will be based on:

Effectiveness of the employee in his/her role as defined by the job description;

Special strengths, such as personal characteristics and professional characteristics; and

Judgment of the employee’s immediate supervisor.

The evaluation shall be discussed with each employee, and, if needed, the employee and supervisor will develop a professional growth plan. The employee will be asked to sign the evaluation indicating the evaluation has been discussed with the employee not implying agreement or disagreement with the evaluation. In the event an employee disagrees with the evaluation, s/he may submit a letter to the supervisor within ten (10) days stating the reason(s) for the disagreement. If an employee believes that the evaluation procedures established and implemented by the Chief Executive Officer have not been followed, the employee may submit an appeal, to a three (3)-member appeal panel appointed by the Executive Committee of the CKEC Board.

The evaluation shall form the basis for decision of the Chief Executive Officer regarding the individual’s continued employment with CKEC.

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Fiscal Management

04.121 CompensationSalaries

The Board of Directors shall establish the salary of the Chief Executive Officer annually. The Chief Executive Officer shall recommend salaries for all employees within the budget parameters established by the Board of Directors. The normal practice would be to grant co-op employees the average increase as provided by the system members.

The experience increment on the salary schedule shall be based on completion of a minimum of one hundred forty (140) days of employment with a qualified educational or governmental agency in a fiscal calendar year.

Pay Dates

Employees shall be paid on the 15th and 30th day of each month or on the last preceding working day when the payday falls on a Saturday, Sunday, or holiday.

Overtime

FLSA non-exempt employees shall not work overtime hours beyond a forty (40)- hour workweek without prior written authorization of their immediate supervisor. If overtime is approved, compensatory time at the rate of one and one-half (1½) hours for each overtime hour worked shall be granted and taken in the same pay period. If employees do not take compensatory time during the same pay period, then they shall be paid overtime pay at the rate of one and one-half (1½) times the regular hourly rate.

04.1211 Salary DeductionsThe business office will distribute to each employee, prior to the employee’s first payroll check, a form listing payroll deductions that are to be made by CKEC. Seven (7) days prior to the first payroll check, employees will complete the form and return it to the business office.

Section

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Deductions for membership dues of an employee organization, association, or union shall only be made upon the express written consent of the employee. This consent may be revoked by the employee at any time by written notice to the employer.

04.125 Expense ReimbursementThe Board shall reimburse CKEC personnel for work-related travel when such travel is a required part of the duties of the employee or for occupational-related activities approved by the Chief Executive Officer. The Board will be responsible only for actual and necessary expenses. Itemized receipts must accompany requests for reimbursement.

Allowable expenses are:

Mileage

Actual mileage for travel authorized by the Chief Executive Officer shall be reimbursed at the rate adopted by the State of Kentucky and approved by the Board when the employee uses his/her own vehicle.

Gasoline

All employees shall be reimbursed the actual cost of gasoline and oil purchased and placed in a CKEC-rented vehicle while engaged in CKEC-related travel. Purchase must be substantiated by a receipt showing total gallons and total charges.

Toll and Fees

All tolls and parking fees exceeding $5 must be substantiated by a ticket or receipt.

Car Rental

Car rental must be pre-approved by the Chief Executive Officer. Charges must be substantiated by a receipt. Car rental shall be used only when financially beneficial to the Cooperative. It is suggested that at least three (3) CKEC staff members be transported in the car to be rented.

Common Carriers

All charges or fares for necessary travel on common carriers (plane, bus, train, bus, subway, taxi, ferry, etc.) when substantiated by a receipt.

Out-of-State Travel

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Reimbursement for out-of-state travel by privately owned vehicles shall be made on the basis of airplane coach fare or mileage rate, whichever is the lesser amount.

Food

Food per diem for overnight stays as follow:

In State Out of StateBreakfast $7.00 Breakfast

$8.00Lunch $8.00 Lunch

$11.00Dinner

$15.00

Dinner

$20.00No reimbursement will be made for alcoholic beverages. Any meal exceeding $5 must be substantiated by an itemized receipt.

Lodging

Hotel or motel charges (not including food or other charges) incurred in CKEC-related travel. Charges must be substantiated by a receipt. Lodging shall not be reimbursed within fifty (50) miles of an employee’s residence.

Reimbursement Form

No requests for travel reimbursement will be considered unless filed on the proper form and accompanied by the proper receipts.

Without proper documentation, individuals shall not receive reimbursement, and, if it is determined that reimbursement was made based on incomplete or improper documentation, the individual may be required to reimburse CKEC.

Entertainment

Expenses for personal entertainment or items shall not be reimbursed.

Cell Phones

Upon approval by the Board, a cell phone may be provided for an employee. The rate of reimbursement shall not exceed the monthly charge and minutes used for Cooperative business. Reimbursement shall not exceed $100 per month.

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Tips

Reasonable tips, reflecting commonly accepted practices, may be reimbursed. A fifteen per cent (15%) gratuity may be added to each meal allowance.

Expenses of the Chief Executive Officer

CKEC-related expenses incurred by the Chief Executive Officer shall be reviewed for approval by the CKEC Treasurer. Should there be a question as to an expense, the Treasurer shall first review the expense with the Chief Executive Officer. If any question concerning the expense is unresolved following the review with the Chief Executive Officer, the Treasurer shall present the question to the CKEC President, who shall make the final decision.

04.31 Authority to Encumber Funds/Use of Credit CardsApproval

Any agreement to purchase or obtain goods or services, including professional legal and consulting services, that makes CKEC liable for expenditures shall require prior approval of the Chief Executive Officer or designee.

CKEC shall not be responsible for expenditures not properly authorized and not made according to the purchasing procedures developed by the Chief Executive Officer or designee.

Use of Credit Cards

The Board must approve the number of credit cards issued to CKEC programs. Cards shall be secured in the office of the Chief Executive Officer and use of the card shall require written, prior approval of the Chief Executive Officer. Cards shall be selected that offer CKEC the best terms and conditions.

The Treasurer shall process the prompt payment of all authorized credit card charges to avoid any payment of interest and/or penalties.

Employees shall report immediately any credit card that is lost. The Chief Executive Officer shall hold employees accountable for expenses incurred from unauthorized or non-business related use of a CKEC corporate credit card, including any interest or penalties charged by the credit card company. An example of prohibited use would be use of a CKEC credit card to purchase personal items, entertainment or services.

In addition to holding an employee responsible for costs incurred, the Chief Executive Officer shall take appropriate disciplinary action in accordance with Board policies.

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04.311 Fiscal Accounting and ReportingThe Chief Executive Officer shall be responsible for the manner in which accounts are kept and preserved, for the business affairs of CKEC, and for the maintenance of all financial records required by law. Financial records shall not be deleted or otherwise destroyed without prior written authorization of the Chief Executive Officer.

04.3111 Issuance of ChecksAt each regular meeting, the Chief Executive Officer shall present to the Board for its approval a complete list of unpaid and pre-paid claims from all entities under the auspices of CKEC. Following due consideration and approval, the list shall be signed by the Chief Executive Officer and Treasurer of the Board.

Under the following conditions, the Director of Finance and Chief Executive Officer are authorized to issue checks on the depository bank for all legal claims:

1. Failure to sign a claim would result in an added expense to CKEC; and

2. The payment complies with subsequent Board approval for all disbursements made between Board meetings.

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04.2 DepositoriesDesignation

The Chief Executive Officer is encouraged to seek the highest investment rate for excess funds. All CKEC funds shall be deposited in local banks or such other financial institutions that offer high yields and guaranteed safety of deposits. Depositories shall be accessible, capable of handling investment funds, and be able to provide those services needed by the Board in the operation of CKEC.

The Board may designate up to two (2) depositories for a period not to exceed two (2) years and may issue an invitation to bid banking services prior to selection of depositories.

Written agreement(s) with the depository(ies) shall designate types of interest-bearing accounts available and how the rate(s) of interest on deposits will be determined.

Depository Bond

Before entering its duties, a depository shall execute bond for the faithful performance of its duties. The penal sum of the depository bond shall be determined by the Board and the premium paid by the depository.

04.32 Procurement and PurchasingModel Procurement

Pursuant to the Model Procurement Code, the following conditions and procedures shall be adhered to for purchasing:

A. Conditions and procedure for delegation of purchasing authority:

1. The Chief Executive Officer is hereby designated as the chief purchasing officer for CKEC. The Chief Executive Officer may delegate responsibility as purchasing officer to additional staff members as s/he deems necessary to enter into and administer contracts and make written determinations and findings with respect thereto.

2. All items that have been advertised for competitive sealed bids shall be submitted to the Board at its next regular or special meeting, together with recommendations of the Chief Executive Officer after evaluation of the bids concerning the award of the contract to the lowest bidder or lowest evaluated bidder.

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B. Pre-qualifications, suspensions, disbarment, and reinstatement of prospective bidders. The Board or its designee may elect to do the following:

1. Pre-qualify suppliers/bidders based on experience, proven ability to perform or supply, availability to service and/or repair, and other qualifications appropriate to ensure quality performance of supplies/equipment.

2. Suspend or disbar a bidder/supplier from providing services if contract agreements are found to have been violated and/or inferior service/supplies and/or equipment have been provided as part of the contract.

3. Reinstate a bidder/supplier after certain conditions have been met as outlined by the Executive Director.

C. Modification and termination of services:

1. Any contractor who is determined in writing by the Executive Director to be in breach of any of the terms and conditions of a contract with CKEC held by such contractor shall, at the discretion of the Board, be declared in default and such contract may be terminated as a result of such default.

2. A default in performance by a contractor for which a contract may be terminated shall include, but shall not necessarily be limited to, failure to perform the contract according to its terms, conditions, and specifications; failure to make delivery within the time specified or according to a delivery schedule fixed by the contract; late payment or nonpayment of bills for labor, materials, supplies, or equipment furnished in connection with a contract for construction services as evidenced by mechanics’ lien pursuant to the provision of KRS Chapter 376 or letters of indebtedness received from creditors by the Executive Director; or failure to diligently prosecute the work under a contract for construction services.

3. CKEC shall not be liable for any further payment to a contractor under a contract terminated due to the contractor’s default after the date of such default as determined by the Board, except for commodities, supplies, equipment, or services delivered and accepted on or before the date of default and for which payment had not been made as of the date. The contractor, and/or his/her surety, if a performance or payment bond has been required under the contract, shall be jointly and severally liable to CKEC for all loss, cost, or damage sustained by CKEC as a result of the contractor’s default; provided, however, that a

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contractor’s surety liability shall not exceed the final sum specified in the contractor’s bond.

4. All changes or modifications to contracts for the purchase of commodities, supplies, equipment and construction services shall be effected by an advice of change in order to the contract, which shall be supported by a written determination by the purchasing official documenting the reason and the basis for the change or modification to the contract. Any change or modification of contract that involves a cost increase or decrease of 10% of the total contract price or $2500 whichever is less, shall be submitted to the Board for approval prior to being implemented. A copy of the advice of change in order and the supporting documentation relative to any change or modification to a contract shall be filed and maintained in the contract file by the Chief Executive Officer.

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D. Conditions and procedures for the purchase of perishables and items for resale:

1. Perishables are those items of food that are subject to natural decay and deterioration if not put to their intended use within a reasonable period of time. Perishables do not include dried, canned or frozen food products that are normally purchased less frequently. Fresh fruits and vegetables, meats and fish may be purchased by non-competitive negotiations. Items that may be classified as perishables, but that readily lead themselves to competitive bidding, shall be obtained only by competitive bidding. Such items include milk and bread.

2. Items for resale are authorized to be purchased by non-competitive negotiations. Items for resale include stocks and inventories for CKEC resale, hardware maintenance, and building wiring departments, candies, soft drinks, and all other items that are sold to employees, to the general public, or to CKEC customers as a part of CKEC projects and services. Supplies that must be processed prior to resale, such as food purchases for a lunchroom, are not included as items for resale.

E. Conditions, including emergencies, and procedures under which purchases may be made by means other than competitive sealed bids:

1. The Chief Executive Officer and delegated employees are authorized to acquire goods, services, or construction goods through non-competitive negotiation under the following circumstances, provided a written determination is made by the Chief Executive Officer that competitive negotiation is not feasible and further determination is made that at least one (1) of the following conditions has been met:

a) The determination of an emergency and details of the procurement.

An emergency condition is a situation that creates a threat to public health, welfare, or safety such as may arise by reason of floods, epidemics, riots, and equipment failures. The existence of such a condition creates an immediate and serious need for supplies, services, or construction that cannot be met through normal procurement procedures and the lack of which would seriously threaten (a) the functioning of CKEC; (b) the preservation or protection of property; or (c) the health or safety of any persons. When such conditions exist, the Chief Executive Officer or delegated staff persons are authorized to purchase through non-competitive negotiations. The determination of an emergency and the details of the procurement involved shall be reported by the Chief Executive Officer to the Board at its next regular or special meeting.

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b)When there is a single source of a product or service to be procured, non-competitive negotiation is authorized.

When a particular necessity is temporarily unavailable on the market and the purchasing officer makes a written determination to that effect, the Chief Executive Officer shall have the authority to treat such items as a single source of services or product and has authority to proceed to procure the same by non-competitive negotiation.

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c) The contract is for the services of a licensed professional, such as attorney, physician, psychiatrist, psychologist, certified public accountant, registered nurse, or educational specialist; a technician such as a plumber, electrician, carpenter, or mechanic; or an artist such as a sculptor, aesthetic painter, or musician provided, however, that this provision shall not apply to architects or engineers providing construction management services rather than professional architect or engineer services.

d) The contract is for the purchase of perishable items as described in section D above.

e) The contract or purchase is for replacement parts where the need cannot be reasonably anticipated and stockpiling is not feasible.

f) The contract is for proprietary items for resale.

g) The contract or purchase relates to an enterprise in which the buying or selling by students is a part of the educational experience.

h) The contract or purchase is for expenditures made on authorized trips away from the CKEC office.

i) The contract or purchase is for the purchase of supplies that are sold at public auction or by receiving sealed bids.

j) The contract is for group life insurance, group health and accident insurance, group professional liability insurance, worker’s compensation insurance, or unemployment insurance.

k) The contract or purchase is for the sale of supplies at reduced prices that will afford a purchase at savings to CKEC.

l) The contract or purchase is from a state, the U. S. Government, or other public agency price contract.

F. Competitive bidding or competitive negotiation for goods and leases may include use of a reverse auction, which is to be conducted as provided in KRS 45A.365 (competitive sealed bidding) or KRS 45A.370 (competitive negotiation).

G. Rejection of bids, consideration of alternate bids, and waiver of informalities in offers:

The conditions for bidding shall be applicable to and incorporated in all invitations for bids. Failure to comply with such conditions shall be cause

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for rejection of the bid. CKEC retains the right to waive any informalities in offers.

H. Confidentiality of technical data and trade secrets information submitted by actual and prospective bidders or offerors:

Technical data and trade secrets information submitted by actual and prospective bidders are exceptions to the open records requirements and should be treated confidentially.

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I. Partial, progressive, and multiple awards:

The Chief Executive Officer or authorized employee(s) is hereby authorized, when feasible, to advertise for bids at a discount from a price list or catalog. The conditions shall state that multiple awards may be made. When such multiple awards are made, purchases at the contract discount may be made from such price lists or catalogs without further negotiations. However, any price increases in the price list or catalog exceeding 10% during the period of the contract shall disqualify such items for purchase.

J. Supervision of storerooms and inventories, including determination of appropriate stock levels and the management, transfer, sale or other disposal of government-owned property shall be the responsibility of the Chief Executive Officer or assigned staff member.

K. The Board or its designee may enter into competitive negotiations for the purchase of goods and services as outlined in KRS 45A.370 when specifications cannot be made sufficiently specific to permit an award on the basis of either the lowest bid price or the lowest evaluated bid price; sealed bidding is inappropriate because the available sources of supply are limited; or the bid prices received through sealed bidding are unresponsive or unreasonable.

Small Purchases

1. Small purchases are authorized for procurement of necessary supplies, services, or construction, the cost and quality of which are of such that any possible savings of public funds realized through the practice of other procurement procedures would not justify the administrative time and expense necessary for the conduct of competitive sealed bidding.

2. Purchasing requirements shall not be fragmented or artificially divided to avoid use of other source selection methods. Categories of supplies, services, or construction reasonably anticipated to be required during a fiscal year shall be considered to be a single procurement for the purpose of small purchase procedures. The contract may be for any period of time that will provide the most beneficial market price to CKEC, provided no time period shall be fixed for the sole purpose of avoiding the requirements of competitive sealed bidding. In determining whether supplies, services or construction are normally supplied as a unit, the test is not whether such supplies, services, or construction are furnished by a particular vendor, but rather whether supplies, services, or construction are closely related in their function and use.

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3. Small purchases may be made by the Chief Executive Officer from any available source of supply, subject to provisions of the purchasing policy, without first obtaining price quotations not to exceed $5000 for any one order. Small purchases approved by the Chief Executive Officer with a cost of $5000 to $20,000 must be quoted from a minimum of three (3) suppliers if available. Newspaper advertisements are not required for these quotes. Documentation will be attached or noted on the purchase order form and kept in the small purchase file.

4. KRS 45A.445 through KRS 45A.455 are applicable to all small purchases and incorporated herewith for specific notice to small purchasing agents, vendors, and the general public.

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5. Written documentation must be maintained to justify small purchases. CKEC shall maintain a small purchase file with the following information on or attached to the purchase order form:

a. Written justification, which may be written on the purchase order form if purchase is significant;

b. Any other documentation that justifies the purchase; and

c. Copy of any contract (could be service).

6. The Model Procurement Law and this policy allow for the purchase of supplies at reduced prices that will afford a purchase at savings to CKEC. Purchase of items at reduced cost will be treated in the same manner as small purchase items, and written justification and documentation shall be attached to the purchase order and maintained in the small purchase file.

Maximum Free and Open Competition

It is the clear intent of CKEC to foster all procurement transactions in a manner to provide, to the maximum extent practicable, open and free competition. (20 U.S.C. 1221e-3(a)(1) and 3474, OMB Circular A-110)

CKEC shall make positive efforts toward procuring and utilizing small business and minority-owned business sources of supplies and services. All such efforts shall be made to allow these sources the maximum feasible opportunity to compete for contracts with CKEC.

All procurement procedures developed and implemented by CKEC shall assure that unnecessary or duplicate items are not purchased. Where appropriate, considerations of lease and purchase alternatives will be made to determine which would be the more economical and practical procurement.

All CKEC bids and solicitations for goods and services shall be based on a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features that unduly restrict competition. Brand name or equal clause may be used as a means to define the performance of other salient requirements of procurement; and when so used, the specific features of the named brand that must be met by bidders/offerors are clearly specified.

CKEC shall use procuring instruments such as fixed price contracts, cost reimbursable contracts, purchase orders, and incentive contracts, where appropriate and or required by state law and which promotes the best interest of CKEC and its programs and services. CKEC shall not use a “cost-plus-a-percentage-of-cost” method of contracting.

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CKEC will only enter into contracts with responsible contractors who possess the potential ability to perform successfully under the terms and conditions of a proposed procurement. Consideration shall be made by CKEC for such matters as a contractor’s integrity, record of past performance, financial and technical resources, or accessibility to other necessary resources. CKEC may be required by federal grants to seek prior approval by the granting agency for purchases of an aggregate amount of $5000 or more in the event of receiving only one (1) bid or proposal.

CKEC shall follow the principles of cost analysis in the review and evaluation of proposals or bids to determine if the offeror meets the requirements of reasonableness, allocability, and allowability.

CKEC shall for all purchases that exceed $20,000 maintain procurement files that include the basis for contractor selection; justification for lack of competition when competitive bids or offers were not obtained; basis for award cost or price; and a system for contract administration to insure contractor conformance with the terms, conditions, and specifications of the contract, and to ensure adequate and timely follow-up of all purchases.

CKEC shall follow all laws of the Commonwealth of Kentucky requiring bidding of goods or services in excess of $20,000.

For all contracts funded in whole or in part by CKEC, the CEO shall apply the reciprocal preference for resident bidders required by law.

Federal Awards/Conflict of InterestNo employee, officer, or agent of CKEC may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

The officers, employees, and agents of CKEC may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. In determining whether an activity constitutes an impermissible acceptance of a gratuity or item of monetary value, the definition of “gratuity” (covering anything of more than fifty dollars [$50] value) set forth in KRS 45A.445 shall apply. Violation of these standards may result in disciplinary action including, but not limited, to suspension, dismissal, or removal.

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Requirements for Contractors

Contractors wishing to do business with CKEC are obligated to follow federal, state, and local laws and regulations.

Any contract between CKEC and a business or individual that calls for supplying CKEC with goods or services shall be governed in all respects as to validity, construction, capacity, performance, or otherwise by the laws of the Commonwealth of Kentucky.

All contractors providing goods or services to CKEC will assure CKEC they are conforming to the provisions of the Civil Rights Act of 1964 as amended. Further, contractors shall comply with Executive Order 11246, entitled, “Equal Employment Opportunity,” as amended by Labor regulations (41 CFR Part 60); the Copeland Act (18 U.S.C. 874 as supplemented in the Department of Labor regulation (29 CFR part 3).

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Contractors shall comply with all applicable federal, state, and local laws and regulations pertaining to wages, hours, and conditions of employment. Included in this provision is the compliance of contractors with the Contract Work House and Safety Standard Act (40 U.S.C. 327 et seq.) and all applicable sections of the act and the Department of Labor’s supplemental regulations (29 CFR parts 5 and 1926).

In connection with the contractor’s performance of work under any contract or bid award offered by CKEC, the contractor(s) shall agree not to discriminate against any employee(s) or applicant(s) for employment because of race, age, religious creed, sex, national origin, or handicap.

Finally, contractors holding contracts from CKEC in excess of $100,000 shall comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C.) 87 [h], and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et. seq.); and Executive Order 11738 and Environmental Protection Agency (EPA) regulations (40 CFR Part 15), which prohibit the use under non-exempt federal contracts, grants, or loans of facilities included in the EPA list of violated facilities.

Contracts with CKEC shall include the provision granting CKEC employees the right to access to the contractor’s records.

04.4 Bonding of Employees and OfficersEach year the Board shall provide a blanket fidelity bond covering all employees at an amount specified by the Board.

The Treasurer, Finance Officer, and Chief Executive Officer shall be bonded in an amount to equal or exceed the average monthly expenditures.

04.8 Disposal of CKEC PropertyThe Chief Executive Officer shall advise the Board when certain properties are no longer needed for CKEC purposes. Upon receipt of this report, the Board may, at such time as it deems proper and in compliance with applicable state regulation, authorize disposal through bid or direct sale based on fair market value or disposal of property with no resale value. The Board reserves the right to reject any and all bids.

04.9 AuditsAll accounts and records of the Board shall be subject to an annual audit by a Certified Public Accountant selected by the Kentucky Auditor of Public Accounts.

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CKEC Facilities05.48 WeaponsProhibitions/Restrictions

All persons are prohibited from bringing into the CKEC office any weapon, including firearms or other dangerous instruments as specified in the following excerpts from the Kentucky Penal Code:

KRS 500.080:Dangerous instrument means any instrument, which under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury.

Deadly weapon means any weapon from which a shot, readily capable of producing death or serious physical injury, may be discharged; any knife other than an ordinary pocket knife or hunting knife; billy, nightstick or club; blackjack or slapjack; nunchaku karate sticks; shuriken or death star; or artificial knuckles made from metal, plastic, or other similar hard material.

KRS 527.010:Booby trap device; destructive device; firearm (any weapon which will expel a projectile by the action of an explosive); and handgun (any pistol or revolver originally designed to be fired by the use of a single hand, or any other firearm originally designed to be fired by the use of a single hand).

Law enforcement officials, including peace officers and police as provided in KRS 527.070 and KRS 527.020, are authorized to bring weapons onto CKEC property in performance of their duties.

Concealed Weapons

Except for authorized law enforcement officials, no person may carry concealed weapons on CKEC property, unless the Chief Executive Officer grants an exception to an employee who has a compelling personal safety need. Such exceptions are at the sole discretion of the Chief Executive Officer. When an exception has been granted allowing a concealed weapon to be

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5

brought into the building during the normal workday, the Chief Executive Officer shall notify division directors.

Employees who have obtained a license to carry a concealed weapon may store the weapon in their personal motor vehicle while on CKEC property, provided the weapon is not removed from the vehicle without the Chief Executive Officer’s authorization and the unoccupied vehicle remains locked during the workday.

When visiting school sites, employees shall adhere to local school district restrictions addressing weapons on school property.

Employees who observe that this policy has been violated should report it to the Chief Executive Officer or their immediate supervisor.

Violation of the provisions of this policy by employees shall constitute reason for immediate disciplinary action by the Chief Executive Officer, including possible termination.

Visitors who violate this policy shall be asked to leave the premises. Refusal to comply may result in a trespassing charge against the visitor.

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Other CKEC Information10.11 Open Records Notice

NOTICERULES AND REGULATIONS GOVERNING INSPECTION

OF THE PUBLIC RECORDS OFTHE CENTRAL KENTUCKY EDUCATIONAL COOPERATIVE

Pursuant to KRS 61.870 to 61.884, the public is notified that, as provided herein, the public records of the above-named educational cooperative are open for inspection by any person on written application to the Chief Executive Officer or Administrative Assistant, official custodians of the public records of the Central Kentucky Educational Cooperative, whose address is 961 Beasley Street, Suite 240, Lexington, KY 40509, from 9:00 a.m. to 3:00 p.m., Monday through Friday, each week, except for holidays. Application forms for the inspection of the public records of CKEC will be furnished on request to any person by an employee in this office. Assistance in completing the application form also will be provided by an employee on request.

Applicants for the inspection of public records shall be advised of the availability of the records requested for inspection and shall be notified in writing of any reasons the records are not available for public inspection not later than three (3) working days after receipt of an application for inspection.

Copies of written materials in the public records of this educational cooperative shall be furnished to any persons requesting them on payment of a fee of ten (10) cents a page; copies of nonwritten records (photographs, maps, materials stored in computer files or libraries, etc.) shall be furnished on request, on payment of a charge equal to the actual cost of producing copies of such records by the most economical process not likely to damage or alter the record.

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6

Acknowledgement Form

2018-2019

I, __________________________________________, HAVE RECEIVED A COPY OF THE

Employee Name

Policy Handbook issued by CKEC and understand and agree that I am to review this handbook in detail and with my immediate supervisor if I have any questions concerning its contents.

I UNDERSTAND AND AGREE:

1. that this handbook is intended as a compilation of CKEC policies and that it is not intended to create any sort of contract between CKEC and any one or all of its employees;

2. that the Board of Directors may modify any or all of these policies, in whole or in part, at any time, with or without prior notice; and

3. that in the event CKEC modifies any of the policies contained in this handbook, the changes will become binding on me immediately upon issuance of the new policy by the Board of Directors.

I understand that as an employee of CKEC I am required to review and follow the policies set forth in this handbook and I agree to do so.

__________________________________________ __________________Signature of Employee Date

__________________________________________ __________________Printed Name

Return this signed form to Chief Executive Officer/designee.

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