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[9]

Part of Minutes of the University of Kentucky Board of Trustees

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7 individual who is not authorized to handle Personal Health Information. This is something that the Board can clean up very easily at this meeting rather than hoping that somebody brings it to President's desk every time there is a change in one of these positions. She emphasized that she is not saying nor predicting that there is going to be a change in anybody in any of these positions. It is cleaner if that change is made now. Ms. May said that she understands very much why the Board needs to give the President the option to amend this Plan, and it really should be looked at more frequently than every nine years to make sure it is in compliance. But, the piece, as a Board member, that causes her concern is the amendment in section 13.2.1 that permits the President not to just amend the Plan but to terminate the Plan without Board involvement. She said that she thinks that is probably a little broader than is probably necessary because this obviously will be a significant issue for the employees of the University, given the fact that it does let them set aside pre-taxed dollars for health care. And, certainly it is something that should be a Board level issue considering how many people are impacted. Ms. May said that those are the two items that she would suggest that the Board consider as amendments to the motion made. She moved that FCR 8 be amended. Professor Kennedy seconded her motion to amend FCR 8. Mr. Reed asked if there were any other questions on the amended motion or any other comments. Mr. Hardymon said that as Chairman of the Committee, the amendments are o.k.; however, the other Committee members should speak up if they do not agree with them. Ms. Tobin asked why the names were put in the document. Ms. Jones said that she thought it was just an oversight, and Ms. May's point is well taken. Mr. Hardymon said that the Committee discussed this in their meeting, and the administration did not seem to have the reason. Mr. Reed asked that the record note the comment of Counselor Jones that is was an oversight. He said that there was an amended motion, a second on the amended motion and asked for any questions. A vote was taken to approve FCR 8 as amended, and the motion carried without dissent. (See FCR 8 at the end of the Minutes.) Mr. Williams asked if the Board just eliminated the part about termination of the Plan by the President. Ms. May said her amendment was to have the Board be delegated to terminate the Plan. Ms. Williams clarified the deletion of names in the last section, also.

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