164.013 President of council -- Selection -- Appointment -- Powers and duties -- Salary -- Term -- Transfer of personnel positions. (1) The Council on Postsecondary Education shall set the qualifications for the position of president of the council. Except for the first president appointed under subsection (2) of this section, the council may employ a search firm and conduct a nationwide search for candidates. Any search firm employed by the council shall consider, interview, and propose three (3) or more candidates for the position of president. The council may seek additional names from the search firm or from other sources. (2) In the selection of candidates for the first president of the Council on Postsecondary Education, the Strategic Committee on Postsecondary Education shall serve as a search committee, employing a search firm for assistance. The committee shall recommend three (3) candidates to be considered by the council and shall repeat this process until it finds a satisfactory person to appoint as the first president of the council. (3) The president shall possess an excellent academic and administrative background, have strong communication skills, have significant experience and an established reputation as a professional in the field of postsecondary education, and shall not express, demonstrate, or appear to have an institutional or regional bias in his or her actions. (4) The president shall be the primary advocate for postsecondary education and advisor to the Governor and the General Assembly on matters of postsecondary education in Kentucky. As the primary advocate for postsecondary education, the president shall work closely with the committee and the elected leadership of the Commonwealth to ensure that they are fully informed about postsecondary education issues and that the council fully understands the goals for postsecondary education that the General Assembly has established in KRS 164.003(2). (5) The president may design and develop for review by the council new statewide initiatives in accordance with the strategic agenda. (6) (a) The council shall set the salary of the president at an amount no greater than the salary the president was receiving on January 1, 2012. (b) The salary of the president shall be exempt from state employee salary limitations as set forth in KRS 64.640. (7) The president shall be accorded a contract to serve for a term not to exceed five (5) years, which is renewable at the pleasure of the council. (8) The president shall determine the staffing positions and organizational structure necessary to carry out the responsibilities of the council and may employ staff. All personnel positions of the Council on Higher Education, as of May 30, 1997, with the exception of the position of executive director, shall be transferred to the Council on Postsecondary Education. All personnel shall be transferred at the same salary and benefit levels. Notwithstanding the provisions of KRS 11A.040, any person employed by the Council on Higher Education prior to May 30, 1997, may accept immediate employment with any governmental entity or any postsecondary education organization or institution in the Commonwealth and may carry out the employment duties assigned by that entity, organization, or institution. (9) The president shall be responsible for the day-to-day operations of the council and shall report and submit annual reports on the strategic implementation plan of the strategic agenda, carry out policy and program directives of the council, prepare and submit to the council for its approval the proposed budget of the council, and perform all other duties and responsibilities assigned by state law. (10) With approval of the council, the president may enter into agreements with any state agency or political subdivision of the state, any state postsecondary education institution, or any other person or entity to enlist staff assistance to implement the duties and responsibilities under KRS 164.020. (11) The president shall be reimbursed for all actual and necessary expenses incurred in the performance of all assigned duties and responsibilities. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 122, sec. 1, effective July 14, 2018; ch. 171, sec. 15, effective April 14, 2018; and ch. 207, sec. 15, effective April 27, 2018. -- Created 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 5, effective May 30, 1997. Legislative Research Commission Note (7/14/2018). This statute was amended by 2018 Ky. Acts chs. 122, 171, and 207, which do not appear to be in conflict and have been codified together.