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Kansas Association of Counties Office

Topeka, Kansas

Friday, August 17, 2001



Vice President Russ Frey called the meeting to order at 9:39 a.m. (President Rod Broberg was absent as he was required to be in attendance at a Board of Tax Appeals hearing; he later arrived and assumed the role of meeting chair). Those board members present were as follows:


Lonie Addis, Labette County Commissioner

Mike Billinger, Ellis County Treasurer

Joe Brunk, Sedgwick County Weed Director

Wade Dixon, Greeley County Counselor

Linda Fincham, Marshall County Register of Deeds

Russ Frey, Riley County Commissioner

Frances Garcia, Reno County Commissioner

Bobby Heitschmidt, Ellsworth County Commissioner

Bill Linde, Woodson County Commissioner

Kathy Peckman, Miami County Clerk

Paula Phillips, Douglas County Emergency Management Director

Randy Rogers, Coffey County Sheriff

Ron Sitts, Edwards County Public Works Director

Nancy Weeks, Haskell County Treasurer


Those board members not present were:


Rodney Broberg, Saline County Appraiser (arrived later)

Dean Kruse, Norton County Commissioner


Others present at some or all of the meeting were:


Randy Allen, KAC Executive Director

Judy Moler, KAC General Counsel

Marla Flentje, KAC Education Director

Pam Hatfield, KAC Executive Assistant

Art Palmer, Goodell, Stratton, Edmonds and Palmer, attorneys

Caroline West, Overland Park Convention and Visitors Bureau

Isabelle Blainey, Director of Sales and Marketing, Overland Park CVB

Kurt Brown, Director of Sales and Marketing, Sheraton Overland Park Hotel

Charlie Spiegel, Overland Park Convention and Visitors Bureau

Brenda Flanagan, Summers, Spencer and Cavanaugh, CPA's Chartered


Approval of the Minutes


Vice President Frey asked if there were any additions or corrections to be made to the minutes from the June 22, 2001 meeting.  There were none.  Ron Sitts moved, seconded by Bobby Heitschmidt to approve the minutes of June 22, 2001 meeting.  Motion approved.




Additions/Deletions to the Agenda


Because of time constraints of presenters, presentations by the Overland Park Convention and Visitors Bureau and Brenda Flanagan of Summer, Spencer and Cavanaugh, were given at approx-imately 10:30 p.m. and 11:00 p.m., respectively, and not necessarily in the order as written on the printed meeting agenda. (The minutes reflect the actual sequence of presentations and actions. In several cases, actions concerning matters presented to the board occurred well after the presentations).  


Executive Session - 9:55 a.m.


Lonis Addis moved, seconded by Linda Fincham, to recess into executive session for a period of 20 minutes for the discussion of pending litigation pursuant to the attorney/client matters exception of the Kansas Open Meetings Act.  (The following persons were included in the executive session: KAC Governing Board; KAC Executive Director Randy Allen; KAC General Counsel Judy Moler; and KAC retained attorney, Mr. Art Palmer from the firm of Goodell, Stratton, Edmonds and Palmer, L.L.P.)  Motion carried. 


The meeting resumed in open session at 10:15 a.m. No action was taken in closed session.


Revised Personnel Policies and Procedures


Randy Allen, Executive Director, introduced the discussion of the revised personnel policies and procedures, which have been under development and review for some time.  An earlier version of the draft document was discussed by the Board at the June 22, 2001 meeting. Randy indicated that he had requested that attorney Art Palmer review the draft document and offer suggestions to improve the wording and guard against unnecessary legal challenges. Additions/changes to the draft document were offered as follows:


Representations (Section 1.03):


Add:     "Any contract or binding representation must be made in writing and signed by the

Executive Director."


Employment At-Will (Section 1.04):


Add:     "Even then, such agreement must be made in writing and signed by the Executive



Overtime and Compensatory Time (Section 2.09):


Change to read:  "Compensatory time must be taken within the same payroll period

            in which it is earned."


Leaves of Absence (Section 2.15):


Correct, by removing "utilized by an employee," erroneously printed twice.


Discipline for Unscheduled Absences (Section 3.05):


Correct to read:  "Any employee who is absent for three (3) working days without notification is considered terminated."

Sexual Harassment (Section 3.08):


Change the section to read as follows:


"3.08     Sexual Harassment


The Association does not tolerate workplace sexual harassment.  Sexual harassment violates an individual's fundamental rights and personal dignity.  Sexual harassment also undermines the Association's deep commitment to the primacy of a reward system based purely on merit, intellectual excellence, and job performance.  The Association considers sexual harassment in all its forms to be a serious offense.


Sexual harassment is unwanted sexual attention of a persistent or offensive nature made by a person who knows, or reasonably should know, that such attention is unwanted.  Sexual harassment includes sexually oriented conduct that is sufficiently pervasive or severe to unreasonably interfere with an employee's job performance or create an intimidating, hostile, or offensive working environment.


If an employee believes that he or she has been subject to sexual harassment or any unwanted sexual attention, he or she should:


*          make their unease and/or disapproval directly and immediately known to the



*          make a written record of the date, time, and nature of the incident(s) and the        

names of any witnesses; and


·                     report the incident to the supervisor (unless the allegation is against the supervisor, in

which case the report should be to the next higher authority)."


Acknowledgment of Receipt Section:


Change section (d) to read as follows:


"No supervisor of KAC or any other person except the Executive Director of KAC has any authority to enter into any agreement for employment for any specified period of time or make any binding representations or agreements inconsistent with this KAC Policy Manual, and even then, such agreement or binding representation is not valid unless it is in writing and signed by the Executive Director."


(Action on the revised Personnel Policies and Procedures was delayed until later in the meeting.)


Overland Park Convention and Visitors Bureau Presentation


Officials of the Overland Park Convention and Visitors Bureau (Caroline West, Charlie Spiegel); the Overland Park Convention Center (Isabelle Blainey); and Sheraton Overland Park Hotel (Kurt Brown) were in attendance to present a proposal for Overland Park/Johnson County to host the 2003 and 2004 Annual Conferences of the Kansas Association of Counties. Randy explained that the 2001 and 2002 conferences will be held in Wichita/Sedgwick County.





A full packet of materials, including renderings of the new Sheraton Hotel and Overland Park Convention Center (currently under construction) were distributed earlier to board members in their agenda packets. Kurt Brown, hotel representative, distributed proposals concerning the 2003 and 2004 annual conferences.


KAC Annual Audit


Brenda Flanagan of Summers, Spencer and Cavanaugh, CPA's presented a summary of her firm's audit of the Association's December 31, 2000 financial statements. In addition to the audit report, she distributed a document titled "2000 Audit Results" containing summary information about the Association's financial condition. Highlights were as follows:


·                     the Association received an unqualified audit opinion;

·                     2000 revenues exceeded 1999 revenues by $59,458 or 10%, a significant and positive increase;

·                     membership dues contributed 50% of the Association's revenue in 2000, compared to 55% in 1999, meaning that non-dues income is growing faster than dues income and the Association was relatively less dependent on dues income in 2000 than in 1999;

·                     2000 expenses exceeded 1999 expenses by $44,336 or 7.3% - a growth rate less than the growth in revenues.

·                     The Association's net assets changed almost imperceptibly (slight decrease of $843 during 2000 - from $196,284 to $195,441.


Paula Phillips moved, seconded by Frances Garcia to receive and place on file the

audit Report of the annual financial statements for the year ending December 31, 2000 as presented by Summers, Spencer and Cavanaugh. Motion carried.


2003 and 2004 Annual Conference Site Decisions


Paula Phillips moved, seconded by Wade Dixon to award the 2003 and 2004 annual conferences to Overland Park/Johnson County, Kansas and authorize the Executive Director to negotiate and execute contracts to secure sign contracts for meeting and sleeping rooms. Motion carried.


Linda Fincham moved, seconded by Ron Sitts to hold the 28th Annual KAC Conference on Saturday, November 22, 2003 through Tuesday, November 25, 2003; and the 29th Annual Conference on Saturday, November 20, 2004 through Tuesday, November 23, 2004. Motion carried. 


26th Annual Conference Status Report


Michelle Works reported that, to date, 71 persons have registered for the Annual Conference, which is right on target when compared to years past.  Besides mailing annual conference brochures to the full County Comment mailing list, a registration form will be published in the August County Comment.  To date, five (5) vendors have registered for booths in our Exhibition. Michelle reported that there are still sleeping rooms available at the Marriott, Fairfield Inn, and Comfort Inn in Wichita. Michelle reported that on-line meeting registration for the 26th Annual Conference is now available at the KAC's web site: Randy called the board's attention to both exceptional pre-conference workshops to be offered on Sunday afternoon of the annual conference. JoAnne Pitera will talk about "change", in her "Leading Through Influence: Overcoming Resistance to Change" workshop.  This seminar has been heard by Randy as well as several board members and is destined to be a popular one!  Dee Lee leads our second workshop as she discusses "Grow Your Nest Egg: A Retirement Event for County Officials, HR/ Personnel Directors and County Department Heads".  As Owner/Principal in the firm, Harvard Financial Educators, Ms. Lee conducts workshops across the country educating and motivating consumers to take charge of their finances and plan for their futures.  Randy said that registrants should expect great things from both workshops, which will run concurrently. Dr. Gerald Suarez, White House Director for Organizational Development and Customer Support, will address the 26th Annual KAC Conference as our keynote speaker for the Opening General Session on Monday morning, November 19, 2001.  Randy also told the board that the guest/spouse program includes a special holiday theatrical presentation at the Crown Uptown Theatre  -- performed especially for them following a nice luncheon. Other stops on the guest/spouse program include an airplane factory tour at Raytheon Aircraft, and shopping.  


The meeting recessed for lunch at 12:18 p.m. and reconvened at 1:04 p.m. Following lunch, President Rod Broberg called the meeting back to order.


Finance Committee Reports and Recommendations


Finance Committee Chairman Nancy Weeks presented the bills and payrolls dated August 17, 2001, as earlier reviewed by the Finance Committee, for approval.   


Nancy Weeks moved, seconded by Bobby Heitschmidt, to approve the bills and payrolls as submitted, and as previously reviewed by the Finance Committee. Motion carried.


Nancy reviewed the Monthly Financial Report for the months ending May and June, 2001 with the board. 


Russ Frey moved, seconded by Wade Dixon to receive and place on file the Monthly Financial Reports for May and June, 2001.  Motion carried.


Nancy noted that as of August 8, 2001, the Association's cash balance stood at $212,008.79. She informed the board that at the earlier Finance Committee meeting, the Executive Director recommended that $100,000 of the invested cash balance (currently earning either 3.75% or 2.75% interest) be transferred to a 4-month Certificate of Deposit to earn 4.3% annually. The CD would mature in December, 2001. With another interest rate reduction appearing imminent, the Finance Committee advised the Executive Director to proceed with the higher earning investment


Nancy Weeks, Finance Committee Chair, presented and recommended the board's adoption of KAC Board Resolution No. 01-01, adding the name of the General Counsel (Judy Moler) to the list of check-signers. This will enable Judy to sign checks if a payroll occurs when the Executive Director is out of town.  


Nancy Weeks moved, seconded by Kathy Peckman to adopt Resolution 01-01.  Motion carried.


Nancy Weeks, Finance Committee Chair, presented and recommended KAC Board Resolution No. 01-02, authorizing application for general credit cards for two KAC employees (Judy Moler and Marla Flentje) with a $2,000.00 maximum.


Nancy Weeks moved, seconded by Russ Frey to adopt Resolution 01-02.  Motion carried.




Action on Revised Draft - new Personnel Policies and Procedures


Kathy Peckman moved, seconded by Russ Frey to accept the changes suggested in the personnel policy as discussed earlier in our meeting.  Motion carried. 


Executive Director's Report


Randy asked Pam Hatfield, Executive Assistant to distribute sign-up sheets for hotel rooms for the upcoming KAC Governing Board meetings that will be held in Salina, September 21, and Topeka, December 13.  The December board meeting will precede the annual joint meeting with the Governing Board of the League of Kansas Municipalities.


Executive Director Randy Allen reported on the following recent activities at the KAC offices:


1)      The Kansas Association of Local Health Departments (KALHD, a KAC associate) currently pays the KAC $165.00 per month rent for office space in the KAC Topeka office for its Executive Director, Edie Snethen. Randy would recommend that the amount be increased to $170.00 per month for the upcoming annual lease with

KALHD ((beginning September 1, 2001). However, the KALHD is planning an expansion of its office staff in Topeka, relocating a position formerly housed in Wichita. With the slight additional space required for the additional position, Randy recommended that the board approve a new annual lease with the KALHD in an amount of $340.00 monthly.


Ron Sitts moved, seconded by Randy Rogers to approve a new one-year sub-lease agreement with the Kansas Association of Local Health Departments (KALHD) in the amount of $340.00 per month for the period September 1, 2001 through August 31, 2002. Motion carried.


2)      Telepower 2001 conference brochures have been mailed by the Docking Institute of Public Affairs at Fort Hays State University. County officials can register for an astounding low rate of only $49. Randy distributed brochures to the board and encouraged their participation in the September 26 and 27 conference in Hays.

The KAC is a conference co-sponsor.


3)      The Executive Directors of the various state associations of counties will hold their annual conference in Lake Tahoe in September. Randy asked authorization to attend this meeting of his peers. 


Russ Frey moved, seconded by Bobby Heitschmidt to authorize Executive Director  Randy Allen to attend the annual fall conference of the National Council of County Association Executives (NCCAE) in Lake Tahoe, Nevada, October 17-20, 2001. Motion carried. 


2002 Legislative Platform Development Report


Judy Moler reported that the 2002 Legislative Platform committee has met two times, beginning with the Legislative Platform Kickoff event on July 6 (at which Sen. Derek Schmidt and Rep. Melany Barnes, as well as a distinguished panel of lobbyists and elected officials participated). The committees also met on Thursday, August 16, 2001 for extensive work sessions. The committee will meet again on Tuesday, September 11 to finalize the draft of the 2002 legislative platform. Judy reported that the adopted "Protocol for Resolving Internal Conflicts or Disagreements" between and among KAC affiliate and associate groups was distributed at the recent meeting with all KAC affiliate and associate presidents on July 20, 2001. This tool will again be helpful in the new session as legislation is debated. 


NACo  Report


Lonie Addis, representative to the NACo Board, gave the board a brief summary of events at the

NACo Annual Conference held recently in Philadelphia.  He distributed copies of the 2000-2001 Annual Report from NACo to board members and indicated that he has a copy of the NACo 66th Annual Conference Proposed Resolutions and Platform Changes and Financial Report for Jan-May 2001.  The Conference Proposal and Financial Report documents can be obtained, by request to  Pam Hatfield, in the KAC Topeka office. 


Lonie has been nominated as the KAC NACo representative for the next term.  He would like to continue his recruitment of counties who are not currently NACo members.  Lonie would like to attend the NACo conference that will be held in Santa Fe, New Mexico. 


Russ Frey moved, seconded by Nancy Weeks to authorize travel expenses for Lonie Addis to attend the NACo Board meeting in Santa Fe County, New Mexico in early December, 2001.  Motion carried.

Randy Allen acknowledged Nancy Weeks, who won the Victor E. Martinelli Outstanding Treasurer Award by the National Association of County Treasurers and Financial Officers, an affiliate of NACo at the NACo Annual Conference, held in Philadelphia, July, 2001.  This award is given to a person who serves as a leader in their home state and as a professional of the highest caliber in the operation of their county office.  Congratulations, Nancy!

Kansas County Government Institute Report

Marla Flentje, Education Director, showed a small excerpt from her new teaching video "FISH", and relayed to the board some of the highlights of the video.  She then reported that the newest Effective Supervisory Skills (ESS) class begins next week.  The Advanced Academy Class (Leadership Academy) will be taking place on Friday, September 28, 2001 in Hutchinson. Brochures for the customer service workshop, "Developing Skills for Service Excellence," were mailed out today from the Topeka office.   

Kathy Peckman moved, seconded by Russ Frey to give Pam Hatfield permission to design and order name tags for the KAC Governing Board members to be worn when they are acting in their official capacity as board members representing the Association. Motion carried. 

At 2:04 p.m. Paula Phillips moved, seconded by Kathy Peckman to move into executive session for a period of 20 minutes for the purpose of discussing the Executive Director's annual performance appraisal. Motion carried. (The Governing Board and Executive Director Randy Allen were included in the closed session).

At 2:24 p.m., the executive session concluded and the board meeting resumed in open session. No action was taken during the closed session.

At 2:25 p.m., the meeting recessed for a short break. At 2:35, the meeting resumed in open session.


Russ Frey moved, seconded by Lonie Addis to the recommendations of the terms and conditions agreed upon by the KAC Governing Board in regards to the compensation and benefit package for Executive Director Randy Allen effective July 1, 2001. Changes include:

·                     a 4.0% increase in annual salary, from $80,208 to $83,416;

·                     a $50 per payroll period employer contribution to a deferred compensation matching program (401) to partially match an employee contribution; and

·                     one additional week of vacation leave (currently three weeks annually; would expand to four weeks annually).

Motion carried. 


Randy Rogers moved, seconded by Kathy Peckman, that the board meeting be adjourned.  Motion carried.  The meeting was adjourned at 2:59 p.m. 




Respectfully submitted,




­                                                            ­            ___________________.

Pamela J. Hatfield,

Executive Assistant