attention kphra members… kphra 2009 fall conference … · 4 continued from page 1 the state...

KPHRA 2009 FALL CONFERENCE

AGENDA (Subject to change)

Holiday Inn University Plaza, Bowling Green, KY

Wednesday – Nov 11, 2009 12:30 p.m. – 1:00 p.m. REGISTRATION – Table will be in front of Salon B

1:00 p.m. – 1:30 p.m. Welcome/Introductions/Certification updates

President, Debby Combs, Glenn Rainey & Joe Gershtenson,

1:30 p.m. – 2:00 p.m. KPHRA Website and Forum updates as well as input from members

Jonathan Croley, Graduate Assistant - Web Administrator

2:00 p.m. – 3:30 p.m. “Living the Dream”

David Velie – Amend Consulting

(Break 3:30-3:45pm)

3:45 p.m. – 5:15 p.m. “Something Old, Borrowed, New and Blue”

Tom Wiechman – Sanitation District No.

5:15 p.m. Day 1 Wrap Up and Prize Drawing – Debby Combs

6:00 p.m. Dinner on own

8:00 p.m. Hospitality Room – Networking & Refreshments

Thursday – Nov. 12, 2009 8:00 a.m. – 9:00 a.m. Continental Breakfast

9:00 a.m. – 9:30 a.m. Opening Remarks & Business Meeting

President, Debby Combs

9:30 a.m. – 11:45 a.m. “Which Way Does your Deck Chair Face?” As well as Tax Updates

(Break 10:30-10:45am) James Driver – State Social Security Manager

11:45 a.m. – 12:45 p.m. LUNCH BANQUET – Salon A

Presentation of KPHRA Certifications and Re-Certification Awards & Board gifts

Glenn Rainey, Joe Gershtenson & Elizabeth Isaacs

1:15 p.m. – 2:45 p.m. Social Networking Sites (LinkedIn, Facebook, Twitter) to help recruiting & backgrounds

(Break 2:45-3:00pm) Kendra Ramirez – Sales Konnect

3:00 p.m. – 4:15 p.m. KPHRA Survey Results for 2009

Mark Morgan, Sherrill D. Morgan & Associates

4:15 p.m. Day 2 Wrap Up and Prize Drawing – Debby Combs

5:30 p.m. Meet in the Lobby: Board bus for “Evening in Nashville” sponsored by Sherrill D. Morgan

& Med Ben

Hospitality Room – Networking & Refreshments upon return from Nashville

Friday – Nov. 13, 2009 8:00 a.m. – 9:00 a.m. Breakfast on your own

9:00 a.m.. – 11:30 a.m. Kentucky Retirement Systems – Updates & overview of the START

Program

(Break 10-10:15am) Aimee Reeves -Kentucky Retirement Systems

11:30 a.m. Closing Remarks, Door Prizes and Evaluations

Debby Combs

MS. DEBBY COMBS, President Kenton County Airport Board

Phone: 859-767-3122; Fax 859-767-7819

Email: [email protected]

MS. MARY HAYES SMITH, Pres-

Elect City of Shelbyville

Phone: 502-633-8000; Fax: 502-633-4292


MS. VICKI CRAWFORD, Secretary Sanitation District #1

Phone: 859-578-7450; Fax: 859-578-7453


MS. PAM HALL, Treasurer City of Richmond

Phone: 859-623-1000; Fax: 859-626-1714


MS. TERRY FORNASH Immediate Past President

City of Newport

Phone: 859-655-6349; Fax: 859-292-7313


MR. BRIAN DEHNER City of Ludlow

Phone: 859-491-1233; Fax: 859-491-2966

MR. DAVE EWEN

Bluegrass ADD

Phone: 859-559-9619; Fax: 859-269-7917

MS. LORI GRAY City of Bowling Green

Phone: 270-393-3644; Fax: 270-393-3292

MR. LARRY GREEN City of Bardstown

Phone: 502-348-5947; Fax: 502-348-2433

MR. GARY MUSGRAVE Kentucky League of Cities

Phone: 859-977-3700; Fax: 859-977-3703

MS. QUENNA NORRIS City of Bowling Green

Phone: 270-393-3680; Fax: 270-393-3298

MS. GAIL RENFRO Shelby County Fiscal Court

Phone: 502-633-1220; Fax; 502-633-7623

MR. TOM WIECHMAN Sanitation District #1

Phone: 859-578-7450; Fax: 859-578-7453

DR. JOE GERSHTENSON Eastern Kentucky University

Phone; 859-622-2606; Fax: 859-622-4378

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Attention KPHRA Members… www.kphra.org

Be sure to check out the new and improved website at www.kphra.org! One of the most popular new features is the forum page, where you can post questions, comments, etc about work-related issues. What better place to turn to for answers than those who have faced the same issues? Join today! See page 5 for additional in-formation on the KPHRA website!

How To Register for the KPHRA

Online Forum:

Step 1: Go to the KPHRA main website and click the KPHRA Forum link at the top of the page. Step 2: Click the register link located in the top left corner of the page. Step 3: Fill out the information and click register. Additional information: Pick a password that is easy to remember, but make sure that it is at least 4 characters long. Also, upon registering you will not be able to post during the brief verification period, but you will be able to read general posts. The wait for verification is relatively short. This is done to keep the integrity of the forum and organization secure.

NEWSLETTER President, Debby Combs Fall 2009 President-Elect, Mary Hayes Smith

The President’s Letter

Summer is winding down and it is time to look

forward to our Fall conference in Bowling Green.

The KPHRA conference is designed to provide you

with personal development, HR knowledge and

increase your networking contacts. Thanks to our

President Elect, Mary Hayes-Smith with the City of

Shelbyville, we have another great Fall Conference

planned. You will find the full agenda and confer-

ence information in this newsletter.

If you have not registered for the forum page, you

will find the enclosed instructions to be very

helpful to you. At the Fall Conference, we will

provide another demonstration on how to register

on the forum page. Don’t forget, we also have a job

posting section as well. Check out our updated web

page at www.KPHRA.org

Our yearly Health and Benefits Survey from

Morgan and Associates will be presented at our

Fall Conference. This year the survey is web based

which should make this easier for you to complete.

Additional perks will be offered in this survey and

more information will be shared at the conference.

We look forward to seeing you at the conference

this November and thank you for being a member

of KPHRA!

Respectfully yours,

Debby Combs, SPHR

President, KPHRA

Human Resources Manager,

Kenton County Airport Board

113 McCreary

Eastern Kentucky University

521 Lancaster Ave

Richmond, KY 40475

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KPHRA Annual Benefits Survey Update: It’s almost survey time again!

This year there will be an exciting change to the survey. The survey will be conducted using a Web-based

format. This will replace the paper version you have completed in the past. This format should make it eas-

ier for members to complete the survey. However, we will still have the paper version available should you

need it in that format.

You will receive more information mid-August. The information will be distributed via e-mail, including a

hyperlink to the survey website. Included in this e-mail will be a listing of webinars that will be hosted by

Sherrill Morgan to demonstrate how to complete the survey as well as discuss ways in which you will be

able to utilize survey results. We encourage all members to participate in a webinar session.

If you have any questions, please contact Michelle Middendorf at 859-291-6600 (or 1-800-291-4222) or

e-mail [email protected].

Public Employee Whistleblower Claims

In Kentucky

by Robert D. Hudson

Most employers are very familiar with the federal and state

statutes which prohibit retaliation against an employee for

exercising an equal employment opportunity right. It is

also against common law retaliate against an employee for

exercising a variety of legal rights connected with employ-

ment, or to retaliate against an employee for refusing to

violate the law. These prohibitions apply to all employers,

public and private.

As usual, the public employer has additional, special obli-

gations under the law. Public employees may not be pun-

ished for properly exercising freedom of speech or for pro-

testing an illegal workplace search and seizure. All of

these various claims, depending on their facts, might be

considered as whistleblower-related. But the primary

whistleblower claim for Kentucky’s public employers

arises out of a Kentucky statute which specifically prohib-

its public employers from punishing whistleblowers. Ken-

tucky Revised Statute 61.102 (1) prohibits a public em-

ployer from punishing any public employee who

[In] good faith reports, discloses, divulges, or oth-

erwise brings to the attention of …any…

appropriate body or authority, any facts or infor-

mation relative to an actual or suspected violation

of any law…or any facts or information relative to

actual or suspected mismanagement, waste, fraud,

abuse of authority, or a substantial and specific

danger to public health or safety.

The bottom line here is that a good faith report of a sus-

pected violation of law or mismanagement is protected,

but that is just the beginning of how the statute works.

Over the last decade employers have been litigating vari-

ous defenses based on unique language in the statute. At

first, courts were responding to these defenses and dis-

missing cases. The theory was that Kentucky strongly fa-

vors employment at-will; therefore, statutes like this

should be construed narrowly. For example, one Kentucky

court held that complaints were protected only if made to

Continued on page 4

http://www.kphra.org/

mailto:[email protected]

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Continued from page 1

the state auditor or other government bodies specifically listed in the statute. The Kentucky Court of Appeals later held other-

wise. This means that you probably will not find a loophole in defending these types of claims.

Whistleblower claims in Kentucky need to be defended the “old-fashioned” way. Chances are that your reason for termination will

have nothing whatsoever to do with the employee’s report. Present your evidence of the legitimate reason for your decision and

persuade a judge or a jury that you are telling the truth. But if you have terminated the employee for the report itself, to win you

will have to prove that the employee made the report in bad faith, he divulged truly confidential information, or that the employee

knew the report “to be false or…with reckless disregard for its truth or falsity.” KRS 61.102 (3).

The statute is set up in a way which does not favor public employers. If you terminate the employee with knowledge of the report

and shortly after the report was made, then it will be presumed that the report was a “contributing factor” to the decision to termi-

nate. KRS 61.103(1)(b). And then you must prove by “clear and convincing evidence that the disclosure was not a material fact in

the personnel action.” KRS 61.103(3). This may seem like technical legalese, but it becomes very important in defending a law-

suit. The burden is basically on you as an employer to prove you are right – guilty until proven innocent.

The down economy is generating stress, which is producing a record number of employment-related claims. And the consequences

of a whistleblower suit can be severe. Any person who willfully violates the statute is guilty of a Class A misdemeanor. Perhaps

more importantly, the employee can recover back wages, reinstatement, punitive damages, attorneys’ fees, and costs. KRS 61.990

(4). All of this means that to terminate a whistleblower you will need to have your legal and factual “ducks in a row.” You should

never feel unable to deal with a false report or an employee who is turning the tables and, so it seems, harassing you. But be pre-

pared to present your evidence of an appropriate investigation, with strong witnesses, and strong reasons for the personnel action.

Robert Hudson is a member of Frost Brown Todd LLC, and Chairman of Northern Kentucky Chamber.

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NAME_______________________________________________________________________________________

ADDRESS____________________________________________________________________________________

CITY, STATE, ZIP____________________________________________________________________________

PHONE___________________________FAX_________________________EMAIL________________________

EMPLOYER__________________________________________________________________________________

POSITION TITLE_____________________________________________________________________________

Is this your first time at a KPHRA conference? Circle YES or NO

Full Registration

$200 before October 11, 2009; after October 11, 2009, $225 for members and

$250 for non-members. Includes all conference events, lunch Thursday.

Attend “Evening in Nashville” trip on Thursday? _____ yes _____ no

Guest tickets are $35. Qty? _____

One Day Registration

Includes daytime events and lunch only for Thursday.

_____ One Day registration for Wednesday ($50)

_____ One Day registration for Thursday ($100, $115 non-members)

_____ One Day registration for Friday ($50)

Student Registration

_____ $50; day program; lunches. Student I.D. required.

Individual items may not be deducted from the registration fee.

For membership registration info, please visit www.kphra.org.

The Fall 2009 Training Conference will be held at Holiday Inn University Plaza in Bowling

Green, KY. Please call (270) 745-0088 for reservations. Room rates are $96.00 plus tax.

The deadline for reservations is October 11, 2009.

Please mention Kentucky Public Human Resources Association when making your reservation!

REFUND POLICY Full refunds may be made until October 11, 2009. After Octo-

ber 11, 2009, 50% refunds may be made until October 19,

2009. After October 19, 2009, refunds can only be made for

family medical emergencies with prepaid expenses deducted.

Make checks payable to “KPHRA”

And mail with registration form to:

Pam Hall, KPHRA Treasurer

c/o Kentucky Institute

203 Miller Hall

521 Lancaster Ave.

Richmond, KY 40475

(859) 622-4382

KPHRA FALL 2009 CONFERENCE

Kentucky Public Human Resources Association

Step 1: Contact potential registrants and forward the names and numbers of the persons you are referring to Quenna Norris or Vicki Crawford (contact information is below). Step 2: Follow up with the people you are referring to encourage confer-ence registration by Friday, October 30

th, 2009.

Step 3: Eagerly await to hear your name (and your referring conference registrant) called as the winner at the Spring KPHRA Conference. (Need not

be present to win.)

From September 1st through October 30th, you will receive a chance to win a IPod Shuffle (or certificate for equal value at Best Buy) for each “new” 2009 Fall Conference registration you bring in. In addition, a “new” registrant will be drawn to win a years membership paid.

Simply follow these three steps:

As a current KPHRA Member, you are eligible to participate in a fun and exciting membership drive!

To refer a potential member contact:

Vicki Crawford SD1 [email protected] (859) 578-7456

Quenna Norris City of Bowling Green [email protected] (270) 393-3680

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KPHRA Website Features Forum

Access the forum from the link at the top of the KPHRA homepage.

Keep your username and password simple and easy to remember. Passwords must

contain at least four (4) characters. If you would like the forum administrators to set

up your login information (username and password) for you, send the information to

[email protected].

If you forget your login information, or need to change it, send an email to

[email protected] to have it reset.

When creating a new post on the forum, click on Additional Options to access features such as:

Announce the topic to the membership

Be notified of posts to your thread

And much more…

If you experience any problems or have questions about the forum, send an email to

[email protected] or [email protected].

Job Board Email job openings to [email protected] for posting on the Job Board.

Remember to include job description and deadline for applications. Posts will be

removed after the deadline has passed.

Members Area This part of the website has additional information about the association, including

things like minutes from board meetings, association bylaws, and committee chairs

(look at the Association Information link).

General Use the forum or contact us directly for other questions and/or suggestions about the

website.

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attention kphra members… kphra 2009 fall conference … · 4 continued from page 1 the state...

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