Kentucky City

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KENTUCKYCITY A PUBLICATION OF THE KENTUCKY LEAGUE OF CITIES

MAY | JUNE 2012

Staycations: Part Two

Municipal Services in the Age of Austerity Answers to Your Top Budget Questions Grants 101 Special Section:

Safety and Risk Cyberliability Festivals Hot Weather Sidewalk Safety Volunteers

Sunshine Laws a Little Cloudy?

555 Jefferson Street, Suite 301 Paducah, KY 42001

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TABLE OF

CITY POSTCARD

CONTENTS FEATURES

MAY | JUNE 2012

6 Municipal Services in the Age of Austerity

Greenville

SPECIAL SECTION: SAFETY AND RISK

Population: 4,312

2012/2

City Snapshot: Greenville, Kentucky, sits on seven luscious green hills with beautiful turn of the 20th century homes and a picturesque and vibrant downtown.

Greenville has recently made renovations to its downtown streets and is proud it has been referred to as a model for “small-town USA.” Central downtown attractions include the recently restored 1907 Muhlenberg County Courthouse and the bricked plaza of the Veterans Mall. In addition, the city’s tourism commission sponsors two vintage car shows during the summer and the famous “Squash-n-Gobble” fall artisan festival — all downtown. The city also hosts a free “Saturdays on the Square” concert series every Saturday night during July and August.

The city motto, “You’re Just in Time,” says it all. “When it comes to fun things to do, good eating and a homespun atmosphere, Greenville is hard to beat,” said Mayor Ed DeArmond.

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10 Learning the Grant-Writing Ropes 12 Staycations: Short on Travel and Long on Enjoyment

Mayor: Ed DeArmond

Published May 2012

8 A Driving Force in Mobile Foodservice

Claims to Fame: ARTS … especially music! Muhlenberg County is home to the likes of the Everly Brothers, country music star Merle Travis and flutist Jimmy Walker, who performed the flute solo for the movie Titanic. At least two famous actors call Greenville home: James Best, who was the sheriff on The Dukes of Hazzard, and Warren Oates, who appeared in numerous movies, including In the Heat of the Night. And last but not least, way back in 1812, Greenvillian Jonathan Spilman composed the music to the Christmas classic “Away in a Manger.”

16 Help Wanted

Is There a Place for Volunteers in Your City?

20 Keep Festivals Focused on Fun! 21 Take the Heat Off

OSHA Releases Mobile App

22 Cyberliability

Daily Functions Can Be Risky Business

24 The Path to Safety

Sidewalk Safety and Liability

26 Answers to Your Top Budget Questions 26 All Aboard Amtrak

Kentucky Cities Benefit from Train Tourism

27 Grants 101 30 Sunshine Laws a Little Cloudy?

DEPARTMENTS

3 City Postcard 5 Executive Director’s Message 28 KLC Candids 31 Calendar of Events

Head to Greenville: Greenville/Muhlenberg County is located in the heart of western Kentucky along the Western Kentucky Parkway at mile marker 53 (Highway 181 South) and mile marker 58 (Highway 62 West).

Check Out the City: www.tourgreenville.com

“What makes Greenville so special is the great citizens who pull together to make these wonderful things happen!”

— Mayor Ed DeArmond

KLC staff contributors (left to right): Bobbie Bryant, Callie Dezarn, Ulysses Hayes, Terri Johnson, Greg Partin, Sarah Razor, Laura Ross, Andrea Shindlebower Main and Ned Wertz.

stay informed at www.facebook.com/kyleagueofcitys

KLC Executive Board Members Mayor Bill Paxton, Paducah – President Mayor Susan Barto, Lyndon – First Vice President Mayor Tom Bozarth, Midway – Second Vice President Jon Steiner – KLC Executive Director/CEO City Clerk Debbie Batliner, Simpsonville City Manager Donovan Blackburn, Pikeville Mayor Ed Burtner, Winchester Mayor George Cheatham, Greensburg Mayor Gale Cherry, Princeton Mayor James Craft, Whitesburg Councilmember Ann Deatherage, Carrollton

Mayor Tom Hardesty, Shelbyville Mayor Roddy Harrison, Williamsburg Mayor Dan Kemp, Hopkinsville Mayor Paul Meier, Crestview Hills Mayor Teddy Preston, Louisa Mayor Bill Sheckles, Bardstown

KLC Board of Directors Members Region 1 Mayor Bill Wells, Murray Mayor Scott Marshall, Guthrie Mayor Nancy Camp, Elkton Mayor Teresa Cantrell, Mayfield Region 2 Commissioner Robert Blythe, Richmond Mayor Jeffrey Edwards, Monticello Mayor Eddie Girdler, Somerset Councilmember Sherman Bowman, Bonnieville Region 3 Mayor Claude Christensen, Sadieville Mayor James Hamberg, Southgate Mayor Russ Meyer, Nicholasville Mayor Edwinna Baker, Lawrenceburg Region 4 Mayor Bill Kelley, Middlesboro Mayor Bob Porter, Paintsville Mayor Tom Kelley, Ashland Mayor Martin Voiers, Flemingsburg Lexington and Louisville Directors Mayor Greg Fischer, Louisville Mayor Jim Gray, Lexington At-Large Directors Mayor Steve Austin, Henderson Mayor Daniel Bell, Taylor Mill Mayor David Perkins, Morehead Mayor Gary Williamson, Mount Sterling KLC Active Past Presidents Mayor David Cartmell, Maysville Councilmember Bill Taylor, Greensburg Councilmember Glenn Caldwell, Williamstown

Association Representatives Chrissy Upton of Hopkinsville, President of Kentucky Municipal Clerks Association Larisa Sims of Covington, Rep. of Kentucky Chapter of American Planning Association W. Scott Crabtree, President, Municipal Attorneys Association of Kentucky Jim Tony Fulkerson of Owensboro, Rep. of Kentucky Government Finance Officers Association Chuck Haddaway, Executive Director, Kentucky Recreation and Park Society Tim Williams of Crestview Hills, Representative, Kentucky City/County Management Association Chief Guy Howie of Hopkinsville, Representative, Kentucky Association of Chiefs of Police Wendell Wright, Rep. of Kentucky Chapter of American Public Works Association Linda Carter of Erlanger, Rep. of Kentucky Public Human Resources Association Chief Wallace Possich, Representative, Kentucky Association of Fire Chiefs Dennis Crist of Somerset, Rep. of Code Administrators Association of Kentucky Stan Holmes of Radcliff, Rep. of Kentucky Black Caucus of Local Elected Officials Former Executive Board Member Mayor Diane Whalen, Florence

A PUBLICATION OF THE KENTUCKY LEAGUE OF CITIES Volume 2 • Issue 2 Jon Steiner Executive Director/CEO Robin Cooper Chief Member Services Officer Terri Johnson Kentucky City Editor Ulysses Hayes Photographer Kaye Smith/Joseph Coleman Proofreaders

Our Mission The Kentucky League of Cities serves as the united voice of cities by supporting community innovation, effective leadership and quality governance.

KLC is a non-stock, nonprofit membership association serving more than 380 Kentucky cities. The association provides legal, training, legislative, policy, research and general member services to municipalities throughout Kentucky. KLC is governed by an Executive Board representing communities of all sizes, comprised of elected and non-elected city officials.

For more information about KLC, go to klc.org, call 800.876.4552 or see our page on Facebook.

Subscriptions are $3 per issue/$18 per year. Please contact KLC at 800.876.45502 for more information.

Kentucky City is published by Innovative Publishing Ink, 10629 Henning Way, Suite 8, Louisville, KY 40241 502.423.7272 Innovative Publishing Ink specializes in creating magazines for associations and businesses. Please direct inquiries to Aran Jackson at ajackson@ipipub.com.

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Executive Director’s Message

Thanks for Being Part of the Team

by Jon Steiner, KLC Executive Director/CEO Regardless of where you live in Kentucky, you probably root for a team. Like many of you, I’m a lifelong basketball fan. My dad actually took care of the UConn Huskies mascot — a real dog — when he attended the University of Connecticut in the late ’40s. He still talks about bringing Jonathan the husky onto the floor of Madison Square Garden … and, yes, I am named after that dog. But it was an experience like no other to watch the University of Kentucky Wildcats play the University of Louisville Cardinals in the Final Four.

Whether it’s Murray State’s great season, WKU’s late-season run or the Lady Cats in the Elite Eight, we all know the value of teamwork. Congratulations to the University of Kentucky men’s basketball team on its eighth NCAA National Championship win!

Your KLC team is also hard at work. The legislative session concluded, insurance renewals are in full swing, and budgeting for next year is in progress. Our City Officials Academy II was a great success, and we are hard at work on the KLC Annual Conference in October.

While not all of KLC’s legislative initiatives made it to the governor’s desk this session, many did gain final passage. As any team knows, playing great defense matters, and we worked to amend or defeat some bills that were very detrimental to cities. Thanks to all of you who made phone calls and came to Frankfort. Your comments and pressure really make a huge difference.

Beyond what you do for your own citizens locally and your voice in Frankfort, Kentucky cities are critical partners for each other.

At no time has that been better demonstrated than in recent weeks.

Our KLC insurance folks have been in West Liberty and other cities with great frequency working with city officials as well as schools affected by the March 2 tornadoes. Dozens of cities have stepped up to lend a hand. Many of you called our office with offers to help, and several cities provided staff members to West Liberty and other locations to assist with utility work, cleanup and other tasks. Two striking examples of assistance were the city of St. Matthews, which donated three fully loaded police cars to the West Liberty Police Department, and the city of Ashland, which donated a fire engine and a police cruiser. City teamwork is moving mountains of debris and rebuilding communities.

Big or small, cities make comebacks. It’s encouraging to see that happening in places that were devastated and in the way you respond to each other. It makes me feel great about local government and what we do at this organization, and I hope you feel that way, too.

One last word about teamwork — our KLC co-ed softball team, the City Confidentials, opened its regular season in April. We are defending champs and have added a ringer from New Hampshire — my wife, Robin, is now playing on the team. We are hoping for a repeat performance and a tourney run.

Sincerely,

Jon Steiner

THANK YOU TO OUR ADVERTISERS! Adams, Stepner, Woltermann & Dusing, PLLC • Alexander Thompson Arnold PLLC • Bluegrass Diesel Specialist • Collins & Company Inc. Community Trust and Investment Company • Denton & Keuler • GRW • Haydon Bridge Company, Inc. • Kenvirons Master Meter • Mountjoy Chilton Medley • Peck Shaffer • Peel & Holland • Rice Signs • Roeding Insurance Public Entity Group Ronald R. Van Stockum, Jr. Attorney at Law • Ross, Sinclaire & Associates, LLC • Software Solutions Sturgill, Turner, Barker & Moloney, PLLC • Whayne Supply klc.org

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View Point

Municipal Services

in the Age of Austerity

by Will Hatcher, Ph.D., Assistant Professor, Department of Government, Eastern Kentucky University

Austerity policies — budget cuts without revenue adjustments — produce damaging outcomes for municipal services and the overall economy. In January 2012, the nation added approximately 243,000 jobs, but local governments continued to shed important public-sector jobs. In December of last year, states and local governments cut approximately 14,000 jobs. This continues the austerity trend that started with the economic downturn of 2008. According to a report prepared by the U.S. Conference of Mayors, close to 500,000 state and local jobs were cut in 2010 and 2011.1 Many of these job cuts have occurred in our nation’s cities.

Due to the magnitude of fiscal cuts by municipal governments, important services are at risk in cities across the nation. The U.S. Conference of Mayors survey found that 63 percent of sampled cities reported cutting personnel in key areas, even the traditionally secure area of public safety.2 The New York Times has recently reported on how cities are cutting vital services. This includes such basic services as streetlights. For instance, Rockford, Illinois, has turned off 16 percent of its streetlights, and in Oakland, the cuts in streetlights are helping fuel a surge in crime.3 The emphasis in state capitals and many city halls has been on spending cuts instead of revenue adjustments.

Austerity policies being pursued by federal and state policymakers will make the recovery even more difficult. Local government jobs represent a significant portion of the nation’s economy. According to the U.S. Census Bureau, there are approximately 11 million public servants employed by local governments throughout the nation. As in all organizations, cities can always be more efficient, but many are already doing

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more with less. City employees provide important services, and their paychecks allow them to purchase goods and services that maintain a large portion of the demand needed to fuel our economy. State and local budgets have to be balanced, but these cuts and layoffs mean that there are fewer spending dollars in our overall economy.

Given these adverse effects, why do policymakers enact austerity measures? It’s simple. It is what voters demand. Armed with decades of public-opinion research, political scientists often state that Americans are conservative in theory but are liberal in practice. The public claims that it wants smaller government while also calling for more public spending in many areas. For example, Americans claim to be worried about the federal deficit, but foreign aid is often the only part of the budget that a majority of individuals want cut.4 Foreign aid, however, comprises only around one percent of the federal budget. The public wants spending at other levels of government to stay roughly the same.

This is a recipe for budget deficits for the federal government and fiscal stress on lower levels of government because the public is also not willing to support the necessary tax increases to pay for these favored programs. The American people, by wanting to have their programs and not pay for them, have produced a federal government that is unwilling to enact meaningful revenue adjustments. This places the burden for withstanding the lingering effects of the economic downturn on state and local governments.

And state and local economies and budgets are still suffering.

According to another study commissioned by the U.S. Conference of Mayors, 125 cities and their metro areas have not experienced any net job growth since the end of the recession.5 Analysis conducted by the Center on Budget and Policy Priorities found that 29 states have projected shortfalls of $44 billion for the 2013 fiscal year.6 The economies in many cities in Kentucky are also still lagging. These lagging economies have depressed local revenues for this state and many of its local governments.

A possible solution for cities in Kentucky is revenue reform that includes an extension of local-option sales taxes, such as the res-

According to a study commissioned by the U.S. Conference of Mayors, 125 cities and their metro areas have not experienced any net job growth since the end of the recession.

taurant tax. Local-option sales taxes give municipalities needed revenue and more flexibility in their taxing and spending decisions.

Municipalities in other states, such as Tennessee and Georgia, enjoy the fiscal benefits of having local-option sales taxes. In state capitals, officials need to balance spending cuts with adjustments to traditionally reliable taxes. Lastly, the federal government needs to increase funding for programs that benefit our cities. This funding can come from money saved by our withdrawing from Iraq and Afghanistan and from additional revenue produced by closing loopholes in the individual and corporate income taxes.

With large federal budget deficits and the requirement that state budgets be balanced, austerity is needed, but not at the expense of vital municipal services and economic growth. Future revenue adjustments are required to protect these services and the economic recovery.

William Hatcher is an assistant professor of political science in the Department of Government at Eastern Kentucky University, where he teaches public finance and development courses in the department’s Master of Public Administration program. His research concerns implementation effectiveness of community planning and fiscal planning at the local government level. He has been published in Public Integrity and the American Journal of Public Health. He can be reached at 478.457.6384.

Resources

1 The U.S. Conference of Mayors. “Local Governments Cutting Jobs and Services.” The U.S. Conference of Mayors. http://usmayors.org/pressreleases/ uploads/LJAreport.pdf (Accessed February 26, 2012).

2 Ibid 3 A. Roger Ekirch. “As Streetlights Vanish, a Return to a Darker Age.” The New York Times. January 7, 2012 (Accessed February 26, 2012). Michael Cooper.

“Mayors See End to Wars as Fix for Struggling Cities. The New York Times.

June 17, 2011 (Accessed February 26, 2012).

4 Frank Newport and Lydia Saad. “Americans Oppose Cuts in Education, Social Security, Defense.” Gallup. January 26, 2011. http://www.gallup.com/ poll/145790/americans-oppose-cuts-education-social-security-defense.aspx (Accessed February 26, 2012).

5 The U.S. Conference of Mayors. “New Economic Report by U.S. Conference of Mayors Shows Anemic Job Growth in Nation’s Metro Economies.” The U.S. Conference of Mayors. January 18, 2012. http://usmayors.org/pressreleases/ uploads/2012/MetroEconomiesRelease_011812.pdf (Accessed February 26, 2012).

6 Elizabeth McNichol, Phil Oliff and Nicholas Johnson. “States Continue to Feel Recession’s Impact.” Center on Budget Priorities and Policy. January 9, 2012. http:// www.cbpp.org/cms/index.cfm?fa=view&id=711 (Accessed February 26, 2012).

Do you agree with Dr. Hatcher? Leave a comment online at klc.org, “Publications & Communications.”

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A Driving Force in Mobile Foodservice

Food Trucks Roll Out on the Streets of Kentucky’s Cities

by Michael Adkins, Guest Writer

Vegan dishes. Baguettes. West-Coast-style panini.

This is just some of the fare being served up every day by Kentucky-based food trucks. While these culinary conveyances have long been a favored tool of peddlers selling ice cream, snow cones and hot dogs, increasing numbers of entrepreneurs throughout the Bluegrass State are moving from traditional brick-and-mortar restaurants in favor of bringing haute cuisine directly to their customers.

According to the Food and Agriculture Organization of the United Nations, nearly 2.5 billion people eat street food every day.

Source: Mashable.com

But are Kentucky’s cities ready for these meals on wheels?

Understanding the Phenomenon The recent rise in the popularity of food trucks has its roots in their traditional haunts on the East and West coasts. With limited space in major metropolitan areas like New York City and Los Angeles, chefs could get their start in the industry for a few thousand dollars by purchasing a used truck and hitting the pavement, rather than sinking a much larger investment into acquiring permanent space and potentially losing everything if the client base didn’t materialize.

In 2008, food trucks began attracting the attention of foodies, professional food critics and regulators alike, thanks in part to the explosion of popularity in social media.

Savvy food-truck owners began capitalizing on the ability of Facebook and Twitter to spread the word about their food. Now, rather than simply driving around, owners could post where their trucks would be on any given day, allowing their loyal customers to plan their lunch breaks accordingly.

Food trucks were also given a boost by Food Network in 2010 with the premiere of The Great Food Truck Race. Featuring seven competing trucks traveling across the country, this program was the first taste of the trend for millions of viewers nationwide. And, with the show having completed two successful seasons, more consumers than ever before have gotten the urge to find gourmet street food in their communities — including Kentucky’s cities.

From Louisville…

In mid-2011, Louisville entrepreneurs began to bring their own ideas to the streets of the Derby City. But there was a problem — laws and regulations at the city and state levels made it nearly impossible for these business owners to operate legally within the city. “Street food and food trucks just weren’t contemplated back when the city’s ordinances were codified years ago,” said Brandon Coan, a policy analyst in the administration of Louisville Mayor Greg Fischer.

Coan was part of a team assembled to work with the city’s food-truck community and Metro Government to help provide a more food-truck-friendly atmosphere

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in Louisville. During a period of several months, the team assembled all of the various rules and regulations that were applicable to food trucks on a dedicated page of the city’s website. This team also determined how the city’s ordinances could be modified to allow food trucks to legally operate within the city limits without detracting from the city’s vibrant restaurant scene.

Louisville’s new ordinances regulating mobile foodservice vendors took effect in fall 2011 and dictate the various permits and inspections entrepreneurs must obtain, as well as their allowed proximity to residential areas and competing businesses.

“These people are filling niches and creating a really diverse scene,” Coan said.

Source: Mashable.com

In 2011, the latest edition of the Zagat Survey added a Food Truck Reviews category.

One of the businesspeople helping to create this scene in Louisville is Kaaren Weyland, owner of San Diego Sandwich Works.

Weyland started her own food-truck business in 2011, selling her culinary creations from her converted miniature school bus throughout the Louisville metro area from May until November. After catering a Mardi Gras event in Mayor Fischer’s office in February, Weyland and San Diego Sandwich Works got underway again for the 2012 season in March.

Weyland noted that her truck gives her an advantage over stationary restaurants. “If I’m

down at Eighth and Market, and the business isn’t good there that day, I can move,” she said.

“I’m able to capture a different market if I’m not able to get business where I am.”

San Diego Sandwich Works also benefits from an active following on Facebook and Twitter. By posting where she will be on any given day, Weyland’s followers on social media can also follow her bus. “I couldn’t exist without social media,” Weyland declared. She said this is right in line with the growing image of Louisville as a happening place to be. “All the cool cities have food trucks,” she pointed out.

“Do you want to be a cool, urban, artsy city?

Food trucks help you conjure up that image.”

Mayor Fischer’s office has continued to support the endeavors of these entrepreneurs and sponsored a promotional event for food trucks in downtown Louisville in April, according to The Courier-Journal. Coan said providing an atmosphere that is conducive to food trucks is in Louisville’s best interests.

“Louisville is an incredible food community,” he noted. “Our reputation in this area is hitting an all-time high. We’re really at the peak of national and international recognition in the culinary arts right now, and food trucks contribute to that vibrant, urban setting.”

…To Lexington…

Lexington is in the midst of determining where food trucks fit into the city’s foodservice landscape. The city’s Itinerant Merchant Task Force (IMTF), created by Mayor Jim Gray while he was serving as Lexington’s vice mayor, is charged with this task.

Renee Jackson, president of the Downtown Lexington Corporation (DLC) — a community and business advocacy group — is a

member of the IMTF. She explained that the laws currently on the books in Fayette County classify food trucks and carts as peddlers. “In Fayette County, if you’re a peddler of that type, you can be anywhere on a public right of way as long as you’re not impeding traffic flow and as long as you have a customer,” she said.

“But, as soon as you do not have a customer, you have to keep moving.”

Jackson said this even applies outside of competing brick-and-mortar restaurants — a fact that has local business owners upset. Currently, the IMTF is soliciting public opinion on the issue and reviewing ordinances on food trucks and carts from municipalities nationwide. “We’re beginning to understand the public’s opinions and concerns on the issue, and we’re working toward a win for everybody,” Jackson said.

According to Phil Holoubek, president of Lexington Real Estate Company, food trucks are valuable because they provide an answer to the question of how cities can compete for the next generation of residents. “Food trucks would be a huge help for downtown, because they appeal to the young professionals who live and work here,” he said. “If you want to attract these groups to the city, you have to have a great downtown. Food options play a big role in that attraction, and food trucks contribute to the overall environment.”

Although neither the IMTF nor the DLC has formulated an official position on the matter of food trucks yet, the debate is ongoing. As Business Lexington first reported, the recently formed Bluegrass Food Truck Association, which supports the interests of Lexington-area food truck owners, held a special event with member busi-

nesses, vendors and entertainment in April to help gain exposure for their members, while brick-and-mortar restaurants continue to urge the IMTF to exercise caution.

…And Beyond?

Although his work for Louisville Metro Government’s food-truck regulations focused on a large urban area, Coan suggested that smaller Kentucky cities might be able to host entrepreneurs from this burgeoning industry. “I could see places like Pikeville or Morehead supporting food trucks,” he said. “They both have sizeable student populations, which would help.”

Ultimately, though, there isn’t a onesize-fits-all answer for this issue, Coan concluded. “I wouldn’t discourage food trucks anywhere,” he said. “But it’s really different from place to place. Local permitting, regulations and city codes make all the difference. Cities throughout the commonwealth are going to have to look around, learn about what people are doing in their area, find out what their citizens want, and find a solution that works best for them.”

Hungry for More Info? Coming Right Up! • www.louisvilleky.gov/business/foodtrucks • www.mycityway.com/blog/2011/08/23/ food-trucks/ • www.nytimes.com/2011/07/17/ sunday-review/17foodtrucks.html?_r=1 • www.foodtrucksmap.com • www.bluegrassfoodtrucks.org

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Learning the Grant-Writing

by Bobbie Bryant, Community Development Advisor, Kentucky League of Cities

R

ecycling — it just had to be done in Dawson Springs. At least that is what Rhonda Mills believed. As a school board member for 13 years and a firsttime grandmother, she saw the need everywhere she turned. Mills has been recycling most of her adult life but always had to haul it to other places. It was an arduous process, stacking it up, hauling it away — really a lot of trouble. She felt it was a good idea for the entire community to consider and talked about it with everyone she met.

Mills retired from the school board in 2008, so, in 2009, when both mayoral candidates asked her to run for city council, she decided to try it — and she won! She hoped she might be helpful to the community, and she knew how hard it is to get people to run for public office.

She hadn’t been on the council very long when one day she happened to be in city hall as the staff was working on a grant with staff from the local Purchase Area Development District (PADD).

“Are there any grants available for recycling?” Mills inquired.

“Yes, there are; the grant deadline is in three weeks,” came the reply from the staffer.

“If you’ll put together a wish list for a recycling program, I’ll see what I can do.”

With a week to go before the grant deadline, the staffer called and asked Mills for prices on each of the items she thought the city would need. Using the Internet and best-guess estimates, Mills gave it a whirl.

The good news was that the grant to the Division of Waste Management, part of the 2011-12 Kentucky Pride Grant Fund, was successful. The bad news was that the grant request was for $52,000, but the city was only awarded $21,499.95. Dawson Springs would have to make do with that amount.

Mills got to work. She had quite a learning curve, not only with creating a recycling

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program, but also in dealing with a grant funder and all the requirements that come with requesting and using the money.

“We were so excited about getting the grant that we got busy and ordered the trailers right away. The price estimate we’d put down in the grant budget for trailers was exactly what they cost,” Mills said.

“However, when we went to buy them, the company told me we’d need a cardboard container piece in addition to the trailer. Then the city had to absorb the shipping and other costs as part of our match, as we didn’t calculate that on the front end of the grant.

Dawson Springs Councilmember Rhonda Mills

“The biggest problem we ran into was that we got the grant in June and ordered the trailers two weeks later. We didn’t get trailers until mid-November. This was the hardest part for me — a real let down.”

Fortunately, the city had purchased property for an eventual city hall, so it decided to use the location to park the trailers. The property is downtown and very visible, making it easy for residents to remember to bring in their recyclables. The city created signs to promote recycling, and, because the schools were named as a partner in the grant, the city pro-

CONNECT, INFORM & MOTIVATE

motes recycling to them as well. A benefit of this relationship is that the Junior Beta Club is collecting plastic bottles at school. The band already had a can-recycling program started and uses the proceeds to purchase equipment, music and other items it needs.

“We’ve had good success at getting people to bring their trash to the bins,” Mills reported. “The down side to the recycling has been finding a place to take the trash.”

Until recently, the city has had to take everything to another city several miles away. However, in recent weeks, Muhlenberg Opportunity Recycling has offered to come and get the city’s trash, separate it and haul it away. Muhlenberg Opportunity Recycling is hiring disabled people as employees, and, in a trial program, the company is picking up the recycling and delivering it to Madisonville.

Even with the early success of the initiative, dealing with change-orders and the paperwork related to the grant was surprising and often overwhelming to Mills.

“I noticed in a Kentucky League of Cities newsletter that a grant training was taking place not too far away from here,” Mills said. “I decided I should take it. I needed to get a better understanding of how grants work, what’s required in following up and closing them out.”

Mills said that, by taking the KLC grantwriting course, she has a better idea of what is typically required, even if she never writes one herself.

“For a city the size of Dawson Springs, we just don’t have the money to do many extra things like recycling,” she said. “We must find ways to get the money we need to do the things that will make our community better.”

In sharing advice for others interested in learning about grant writing, she said, “Take the training. It will give you a good idea of what your project entails and what would

be required to interest a grant funder. You need to talk to others that have written and received grants, particularly if they’re for the same type of project you’re attempting.

“If you have someone helping you write a grant, you need to collaborate closely with them so that what they’re writing for is what you want,” she continued. “I didn’t write our grant, so when I read the final version, I realized I would have done some things differently. You need a lot of basic information just to start writing a grant.

Then, if you get the grant, the real work begins. It’s not easy. You don’t just get the money and get the project done. It is a lot more complicated than that. You must keep up with your end of the match, and there is a lot of bookkeeping involved.”

Another learning curve Mills mentioned was the extra work the grant created for everyone. “I keep telling everyone that the money isn’t Rhonda’s money, it is the city’s,” she said. “When someone champions a cause, they are thought of as the person in charge. It’s been difficult to get other people to realize I cannot do this by myself. The city’s maintenance workers have been great to incorporate these new duties into their workload, and they’ve had to work it into everything else they’re responsible for.”

In addition to taking a grant-writing course, Mills also talked with other city officials who have had success in recycling.

Mayor Bill Wells in Murray and Mayor Teresa Cantrell in Mayfield each explained their efforts and shared some of their best practices, giving Mills and the other council members more confidence in their efforts.

As far as the success of her first recycling effort, Mills said, “We took this on as a city council initiative, and it is going so well that we’re not going to let it die. In six months, I think we’ll have already outgrown what we’ve got now. In the future, we want to get a trailer for the school so they can recycle on-site.

“The best part is, everywhere I go, somebody says thank you for applying for that grant — for getting this set up for us.”

For more information on writing grants, see “Grants 101” on page 27.

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Staycations: Short on Travel and

Long on Enjoyment

by Alexandria Lopez, Guest Writer This is part two in a three-part series.

In the first part of our staycation series, we examined several of the appealing attractions in Bowling Green, Lexington and northern Kentucky.

However, the commonwealth has even more to offer residents and visitors alike. Although the following cities vary widely in size, state region and local flavor, they all have at least one thing in common: a unique character that represents the very best the Bluegrass has to offer.

Harrodsburg Enjoy the unhurried rhythm of the past with a trip to Harrodsburg.

Dating back to 1774, the central Kentucky city is famed as the oldest settlement in the state. “Although we’re very historic in nature, we do have a good balance of the old and the new,” explained Karen Hackett, executive director of the Harrodsburg/Mercer County Tourist Commission. “Just because we’re historic doesn’t mean we’re stuck in the past.”

According to Hackett, the city’s peak tourism season usually takes place between April 1 and October 31.

During these months, visitors can fully experience local attractions, including Old Fort Harrod State Park, a fullscale replica fort, featuring costumed interpreters and a history museum. “In June, they offer the Old Fort Harrod Settlement and Raid, an Indian and pioneer re-enactment,” Hackett noted. “June is also Harrodsburg’s birth month, so we celebrate with birthday cake and a program.”

Watch a more peaceful time in history come to life around you at Shaker Village of Pleasant Hill, the country’s largest restored Shaker village. Celebrating more than 50 years as a nonprofit organization, Shaker Village is a living history museum, featuring 14 original buildings and costumed interpreters who demonstrate historically accu-

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rate crafts and musical performances. Embark on guided tours or move at your own pace around the 3,000 acres comprising Shaker Village. While visiting, be sure to stop for a bite to eat at the Trustees’ Office Dining Room, a Kentucky Proud restaurant dishing up locally grown produce.

After walking around Shaker Village, your tired feet will be thankful for the rest provided by a ride on the Dixie Belle riverboat. “It’s a one-hour sightseeing cruise on the Kentucky River through the scenic Palisades,” Hackett said. As your day comes to an end, blend the past and present at Twin Hills Drive-In, where you can watch a first-run film at one of the few remaining drive-in theaters in the state.

Paducah Creativity comes to life in Paducah, a city known for its emphasis on the arts. First-time visitors won’t want to miss a trip to the National Quilt Museum, which received its congressional designation in 2008.

“The National Quilt Museum honors today’s quilter and showcases the vibrant rebirth of quilt making,” said Rosemarie Steele, marketing director of the Paducah Convention & Visitors Bureau. “It’s not your grandmother’s quilts; it’s actually an art museum.”

Displaying approximately 300 works of art in its permanent collection, the museum welcomes more than 40,000 global visitors annually.

“Paducah is home to the American Quilters Society, and they host an annual quilt show and contest every spring,” Steele explained. “The bestin-show winners have the option of donating their quilt to the museum, so the collection has an amazing assortment of award-winning quilts.”

The museum also offers workshops where adults and children can learn how to quilt regardless of skill level.

“A family visit to Paducah can be very educational,” Steele noted. Families will enjoy learning about the Four Rivers Region at Paducah’s River Discovery Center, a Save America’s Treasures project

MAKING THE MOST OF IT: TIPS TO MAKE YOUR STAYCATION MORE ENJOYABLE

housed in Paducah’s oldest standing structure.

Children love the museum’s interactive exhibits, including a pilothouse simulator and a river habitat.

Take in a show at one of the city’s three performing arts venues: the Carson Center, the Market House Theatre and the Clemens Fine Art Center. “We have our own symphony and a world-renowned maestro [Raffaele Ponti, artistic director and conductor] who has really breathed new enthusiasm into the symphony,” Steele said. “They are enjoyable to watch.”

Paducah’s focus on historic revitalization is apparent in its remarkably beautiful downtown area. Many of the buildings feature turn-of-thecentury architecture, and the town’s floodwall has been transformed into a panoramic view of more than 50 murals portraying the town’s past. “Visiting Paducah restores your creative spirit,” Steele asserted.

“Everywhere you look, you can see that it’s an art-friendly town.” The city’s commitment to creativity was put into practice in 2000, when Paducah established an award-winning Artist Relocation Program.

“The city offered incentives for artists to move to a specific neighborhood — the LowerTown Arts District,” Steele explained. “Visitors can come to LowerTown and see the artists in their homes, studios and galleries. You can purchase your art straight from the person who made it.” LowerTown is also the site of frequent workshops where visitors can participate in the creative fun.

Weekend visitors can end their evening at Live on Broadway, a Saturday night Paducah tradition, featuring outdoor entertainment, dancing, vintage car shows and visual art. It’s the perfect conclusion to a culturally enriching visit to Paducah.

Louisville Louisville is internationally known for the Kentucky Derby Museum and Churchill Downs but is fast becoming a draw for its food, theater and entertainment as well. Conde Nast Traveler magazine even named Louisville’s ultra hip 21c Hotel, which includes an art gallery on-site, as the best hotel in the United States. (Yes, the entire United States.) [Editor’s note: 21c recently announced a new hotel to be located in downtown Lexington.]

With so much for visitors to see and do, it’s no surprise that Louisville is known not just as the “Derby City” but also as the “Possibility City.” Start your visit downtown, where Museum Row on Main houses nine collections sure to pique the interest of everyone in your party. Take a photo beside the largest baseball bat in the world at the Louisville Slugger Museum and Factory, where you can take home a personalized Slugger and tour special baseball-themed exhibits featuring American notables ranging from Norman Rockwell to the Peanuts gang. Later, catch a Louisville Bats game at Slugger Field, the home of the Cincinnati Reds AAA affiliate. Hot dogs and baseball games are nearly as inseparable as peanut butter and jelly; try to

• Plan ahead. Most people begin planning their vacation months before the trip actually arrives. While staycations may not require that level of forethought, it is always a good idea to learn a little bit about the attractions you plan to visit, particularly their hours of operation. This one-minute step can save you from hours of disappointment down the road when the whole family realizes that the museum it had looked forward to exploring is closed on Sundays.

• Slow down. Kentucky has so many attractive offerings that it’s easy to get caught up in the desire to explore them all. Pace yourself, remembering that the purpose of taking a vacation is to rest and rejuvenate. Dashing from city to city certainly isn’t relaxing, and you’ll enjoy yourself more if you take your time and really experience what each location has to offer. Consider spending more than one day in each city, or plan a series of weekend trips based on each town’s unique festivals, concerts and theater schedules.

• Take the road less traveled. The most attractive things about a city are frequently the ones not publicized: the local hole-in-thewall that dishes up the best burger in the state, the hidden bike trail overlooking a beautiful waterfall, the tiny bookstore selling rare first editions. Don’t be afraid to eschew the well-known tourist attractions for a bit of off-the-beaten-path exploring of your own.

That’s often where the best finds are found.

time your visit to coincide with a Tuesday night home game, when the stadium offers its $1 hot dog and Pepsi products special.

Baseball isn’t the only sport to take center field in this athletically diverse city. Boxing fans and philanthropists alike will enjoy visiting the Muhammad Ali Center, where visitors can learn more about the Champ’s life, as well as the six core values of one of Louisville’s most famous sons, through interactive exhibits. Just a few blocks away stands the KFC Yum! Center, the multi-purpose arena that is home to the University of Louisville men’s and women’s basketball programs. The Yum! Center also houses the Kentucky Athletic Hall of Fame and is quickly becoming a premier concert venue, recently hosting several nationally known performers, including Van Halen, Jimmy Buffett and the Coral Reefer Band, the Eagles and New Edition.

Many of Louisville’s community events take place along the Ohio River, most famously Thunder Over Louisville — the largest fireworks display in North America — which annually announces the advent of the Kentucky Derby Festival. In July, music lovers swarm klc.org

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Bardstown

Courtesy of Ron Coons

A visit to the city known as “the Bourbon Capital of the World” is certain to be spirited — particularly if you choose to stop in between September 11 and 16. In late summer, Bardstown hosts the annual

Courtesy of Ron Coons

Waterfront Park during Forecastle Festival, celebrating its 10th anniversary in 2012 and named one of the top 10 events in the state by the Kentucky Tourism Council.

Labor Day weekend brings WorldFest, an annual three-day festival featuring international food, music and crafts. Don’t miss the Parade of Cultures, featuring local residents in native dress. And, even though it’s located in Central Park instead of along the waterfront, the Kentucky Shakespeare Festival is still noteworthy as the oldest free festival in the nation. Bring the whole family to watch professional productions of the Bard’s famous plays in a starlit amphitheater.

As the largest city in the state, Louisville is also home to the state opera company, the Kentucky Opera; the state ballet, the Louisville Ballet; and the state zoo, the Louisville Zoo — an ideal trifecta for visitors interested in the fine arts and the animal kingdom. If local culture and native habitats are more your speed, however, you can’t go wrong exploring Frankfort Avenue, with its offbeat mix of Louisville Originals restaurants, unique art galleries and eclectic local shopping.

Visit on the final Friday of the month to participate in the F.A.T. Friday Trolley Hop, when many businesses offer extended hours and the free trolley service helps you tote all of your souvenirs with ease.

Kentucky Bourbon Festival, a weeklong event celebrating the unofficial state beverage with food, entertainment and, of course, beverages. Despite its namesake beverage, “the festival is family-friendly,” said Dawn Ballard Przystal, vice president of tourism expansion and marketing with the Bardstown-Nelson County Tourist & Convention Commission. “The paid events are primarily for those of legal drinking age; however, there are plenty of events, such as the music on the lawn, arts and crafts, and the balloon glow that are good for all ages.” The festival’s signature event, the Great Kentucky Bourbon Tasting and Gala, is a black-tie affair featuring multiple bourbon tastings, dinner and dancing.

Despite the city’s affinity for bourbon, even teetotalers can find plenty of things to do in Bardstown. The city is home to the fourthlargest Civil War museum in the nation, the Civil War Museum at Old Bardstown Village. Featuring antiquities from both the Confederate and Union armies, the museum also comprises Pioneer Village, a reproduction of a colonial-era village featuring 11 original log cabins, as well

as the Women’s Civil War Museum, which focuses on the myriad roles that women played during the War Between the States.

Those seeking peace and stillness may find it worthwhile to venture slightly beyond Bardstown’s borders to visit the Abbey of Our Lady of Gethsemani, the oldest functioning monastery in the nation. Best known as the home of author and monk Thomas Merton, this Trappist monastery still welcomes visitors according to the Rule of St. Benedict; day guests are free to roam the grounds, and extended weekday and weekend retreats are available but must be booked in advance.

For a meal you won’t soon forget, consider taking a ride on My Old Kentucky Dinner Train, departing from the Bardstown Depot.

This R.J. Corman four-car train takes a two-and-a-half-hour, 37-mile excursion through beautiful Bernheim Forest and the Jim Beam distillery while passengers dine on palate-pleasers ranging from local specialties like the Kentucky hot brown to prime rib. Along with standard lunch and dinner jaunts, My Old Kentucky Dinner Train regularly hosts its murder mystery show, where diners can participate in the production alongside professional actors.

Stay tuned for part three of “Staycations,” featuring Kentucky festivals.

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40 W. Pike Street, Covington, KY 41011-2308

859-394-6200 â—† www.aswdlaw.com

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HelpWanted

Is There a Place for Volunteers in Your City?

by Terri Johnson, Senior Marketing and Communications Manager, Kentucky League of Cities

Cities are constantly looking at ways to save money and increase services. One option is the use of volunteers to perform certain types of jobs, assist with programs or help city employees.

Volunteers of all ages can be a great asset.

Particularly as the ranks of baby boomers continue to grow, cities can tap the expertise and skills of individuals who want to contribute to the community.

But, as cities utilize volunteers, it is important to recognize that there are risks — both to the volunteer and to the city.

Accordingly, the way cities use volunteers and the steps they take to manage volunteers are necessary considerations.

Kentucky League of Cities Insurance Services (KLCIS) Underwriting Manager Suzanne Reed said the critical distinction when it comes to volunteers is supervision. If a person is volunteering for the city, he or she must be supervised.

If a volunteer is not serving in an “official” role with the city, the person is not

If someone randomly shows up and helps with a project, the actions of that person are not covered under a KLCIS general liability insurance policy. technically a city volunteer. For instance, if someone randomly shows up and helps with a project, the actions of that person are not covered under a KLCIS general liability insurance policy.

A volunteer application and specific job descriptions for ongoing or detailed volunteer positions are good, basic tools for any city. Cities must acknowledge the risks associated with using volunteers and

develop practical, affordable strategies for managing the liability.

[Editor’s note: Liability associated with volunteer firefighters and other types of “ firstresponder” volunteers is more complicated.

Your city should thoroughly review your liability and insurance closely if you utilize them and understand the statutory rules that apply.

There is a workers’ compensation program through the state that provides some coverage for volunteer firefighters with firefighting units recognized by the state fire marshal.]

Beginning a Program There are some general considerations when thinking about city volunteers and how they may benefit your city.

1. Assess and brainstorm about your needs.

If your city uses or wants to use volunteers, take steps to get organized. Conduct a simple audit of each department or do a walkthrough of city facilities to determine where volunteers could be beneficial. An important part of your assessment audit could be a brainstorming session with a cross-section of staff members.

Involving staff members in the planning is good to gain support for the program.

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Would volunteers be helpful with office tasks or answering phones? Could volunteers staff an information booth at your city’s recreation facility or tourism office?

Different areas of the city have different kinds of needs. The great thing about volunteers is that they come in all ages, bring their own unique personalities and lend a variety of skills to volunteer positions.

2. If you determine that you want to utilize volunteers, you can conduct a community survey to gauge interest. Churches, nonprofit groups, senior programs, college and university groups and other existing organizations may be willing to survey their own members for interest. You can also use your city’s communications channels, such as newsletters, the city website or even Facebook, to get feedback. Conduct a survey for a limited amount of time and publicize it among your own city employees and your own family and friends to generate word-of-mouth promotion.

3. If your city plans to use a lot of volunteers on an ongoing basis, you should develop a formal volunteer program with job descriptions and policies. Make sure all department heads and individuals supervising volunteers are familiar with these materials and that your city attorney, your human resources professionals and your risk manager have reviewed them. A successful program could include tactics for recruitment, screening, orientation, training, supervising, motivating, assessing and providing feedback and recogni-

tion to volunteers. A number of cities and states have formalized volunteer programs.

KLCIS Claims Analyst Zilda Henson said there are good examples, including Hands on Nashville (Nashville), Twin Cities in Motion (Minneapolis/St. Paul), Volunteer Louisiana (state of Louisiana) and the city of Sacramento. You can Google “city volunteer programs” for more examples.

Inform your insurance provider before you plan to implement a volunteer program to ensure that your coverage is up to date.

4. Promote your program via various media. Explain that a volunteer program will not only help the city budget but will also give citizens the opportunity to actively contribute to their community.

Use your city website, Facebook page or newsletter to publicize the need for volunteers. And, if your city commission/council meetings are broadcast on local access television, use that venue to tout your volunteer program. The city of Tempe, Arizona, maintains a master list of volunteers and notifies them via e-mail whenever new volunteer opportunities arise.

You can also ask your local media to help publicize the use of volunteers, but make sure to convey that the program is not just to enlist worker bees but to help people be part of their city government.

Also communicate that the city has its act together with a formalized, applicationbased volunteer program.

5. You can also tap into existing volunteers resources. Does your city have an organization that matches people with their interests? Sometimes, the local United Way has an affiliated volunteer-placement program. While you can partner with these groups to help recruit volunteers, it is still the city’s responsibility to appropriately screen them.

Think strategically about community groups that may be able to provide volunteers. If your city would like assistance with downtown beautification or landscaping at city hall, why not ask the local garden club to help? Making sure volunteers’ skills fit their tasks is critical to the success of any program.

6. The most important aspects of any program are organization, risk management, matching volunteers’ skills to tasks and supervision. Part of risk management is making sure your city is covered in the event of a volunteer mishap. Inform your insurance provider before you plan to implement a volunteer program to ensure that your coverage is up to date.

Henson also recommends FEMA’s resource guide, which is available online, for developing a volunteer program.

Although the material deals mostly with emergency-response volunteers, who are treated differently than traditional volunteers, it has good information applicable to general volunteer programs as well. You can download “Developing and Managing Volunteers” at http://training.fema.gov/ EMIWeb/IS/IS244A.pdf.

Types of Risk There are two primary types of risk associated with volunteer programs: • The volunteer may get injured.

• The volunteer may do something that causes the city, the volunteer or both to get sued.

Injury to a Volunteer What happens if a volunteer is injured?

In most cases, a volunteer is not covered klc.org

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Safety and Risk by the employer’s workers’ compensation insurance policy. However, with each workers’ compensation policy, KLCIS automatically provides a Volunteer Endorsement that covers medical expenses for an injury a volunteer suffers while performing his or her assigned volunteer task. If your workers’ compensation coverage is not through KLCIS, you should contact your carrier for information on a Volunteer Endorsement.

Some cities minimize their exposure to lawsuits by requiring volunteers to sign a waiver and release. A waiver can release the city from liability in cases where the city or someone acting on behalf of the city was negligent.

Volunteer Causes a Loss While performing volunteer services, a city volunteer may cause property damage or injure a third party. If the volunteer was negligent or commits misconduct, the injured party may be able to pursue a lawsuit against the volunteer and the city. A city is required to defend and indemnify volunteers against claims for damages when the volunteer was acting in the furtherance of his or her duties as a city volunteer.

A city’s KLCIS liability coverage includes coverage for volunteers “while acting on behalf of the city and subject to the city direction and control.” Accordingly, KLCIS would respond to a lawsuit against the volunteer or the city if one or both are sued for some action committed by the volunteer.

services for the city, both the volunteers and the community members they work with are safe. In order to protect the city and the volunteers, good risk management practices should be followed and documented. Establishing a formal volunteer program — or, at least, volunteer requirements and guidelines — will help the city to retain the most qualified volunteers as well as protect the city from liability.

Ideally, a city should use many of the same practices it uses for employees when dealing with volunteers.

While you don’t want to turn off potential volunteers with an overly extensive screening, a thorough process demonstrates the city’s commitment to serving and protecting itself, the public and the volunteers.

Ultimately, losses caused by a volunteer will affect the city’s experience rating and the premium it pays for its insurance liability coverage.

But, even more importantly, safety should be the city’s goal. The city should do everything possible to make sure that, when volunteers are performing

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Screening Volunteers A city should develop and apply a screening process for volunteer positions. The rigors of the screening process should be based on the risks of the position.

It is unlikely the city will use the same screening process for all volunteers.

CONNECT, INFORM & MOTIVATE

For example, the screening for a onetime volunteer participating in a city cleanup day should be different from a coach who works with a youth athletic program.

While you don’t want to turn off potential volunteers with an overly extensive screening, a thorough process demonstrates the city’s commitment to serving and protecting itself, the public and the volunteers.

Most candidates will understand the reason for a standard screening as long as it is communicated effectively.

A good volunteer application is a critical piece of screening. The city of Columbia, Missouri, created a comprehensive application that can be printed out or completed online (which saves time for everyone).

Criminal background checks are not required by law. However, for volunteers who will be working with children, the elderly or other vulnerable populations, it is especially important to do a criminal background check. The city should also do a criminal background check on volunteers who will have access to city funds.

For other types of positions, checking a person’s references may be sufficient. For volunteers who will be driving their own vehicles or city vehicles, the city should check the person’s driving record.

The background check is another important reason to have a formal volunteer application and a job description for the volunteer position. This will help the city obtain information about a person’s work history and identify a person’s skills. The consent of the volunteer is required to do a background check.

KLCIS does not cover certain volunteers who could be defined as “employees” for purposes of workers’ compensation. These include volunteer firefighters, volunteer ambulance attendants, emergency-management volunteers and disaster-assistance volunteers who “register” with the city and who are “under the direction and control” of the city.

KLC Senior Legal Services Analyst Andrea Shindlebower Main said that, with rare exception, the KLC Legal Department strongly discourages the use of volunteers as police officers. There are also unique types of volunteers, such as those on “work release” duty, who are not covered through KLCIS.

WHAT VOLUNTEERS WANT FROM YOU Most people really do volunteer for noble reasons instead of seeking anything in return — but that doesn’t mean that their needs aren’t important.

Most volunteers just want to know that the work they are doing is making a difference.

A recent article from About.com advises organizations on how to show volunteers that their contributions are valued.

10 Ways to Make Volunteers Happy 1. Volunteers want you to be prepared for them.

2. Volunteers want to feel welcomed.

3. Volunteers want good training.

4. Volunteers want to do interesting work.

5. Volunteers want to know up front how much time the job will take.

6. Volunteers want to be appreciated.

7. Volunteers want to be communicated with.

8. Volunteers want to know that they are helping to make the world a better place.

9. Volunteers want to be socially connected.

10. Volunteers want to learn something new.

To read the full article, go to http://nonprofit.about.com/od/volunteers/tp/ whatvolunteerswant.htm.

“10 Ways” reprinted with permission of Joanne Fritz, Ph.D., Guide to Nonprofits at About.com.

Watch for upcoming articles in future issues of Kentucky City on virtual volunteering and other types of volunteers.

Training and Supervision The time and energy spent on establishing a recruiting and screening process will be wasted if the city fails to provide the appropriate training and supervision of volunteers. Training is important to minimize the risk of injury to the volunteer and to protect other people who are in contact with the volunteer.

The extent of training required will depend on the nature of the volunteer position and the experience of the volunteer.

Most training will involve some type of orientation process to familiarize the volunteer with the city and any policies and procedures applicable to the volunteer.

In addition, a city should provide its volunteers with personal protective equipment when appropriate. If a city would supply its employees with a hard hat, eye protection or other safety equipment, that equipment should also be provided to a volunteer.

Finally, performing some type of evaluation or review of volunteers helps ensure volunteers are continuing to help the city meet its mission. Ongoing supervision will also help the city monitor volunteers and control risks. The continued presence or involvement of a volunteer who poses a threat to safety should not be allowed.

Operation of Motor Vehicles Volunteers may be operating their own vehicles or a city vehicle while performing services for the city. Generally speaking, the coverage follows the vehicle. The idea is that anyone the vehicle owner authorizes to drive is automatically insured under the liability policy on the vehicle, and that policy is primary for any liability to third parties arising out of the operation of that vehicle by an authorized person.

The KLCIS auto liability coverage applies to any vehicle used in the course of city business. The KLCIS coverage is excess over the vehicle owner’s coverage limits.

A city’s KLCIS coverage does not provide coverage for damage to a volunteer’s vehicle.

A volunteer would have to look to the volunteer’s own auto physical damage insurance to cover the damage. In addition, the volunteer might be able to recover the damages from another party involved in the accident if it was caused by the other person’s negligence.

Don’t Lose Sight of Volunteer Value While there are a lot of details to put in place on the front end, a volunteer program is a good way to give citizens an outlet to serve and also help stretch your resources.

Every organization that uses volunteers must determine its own tolerance for risk. But, in doing so, make sure that the liability for risk does not overshadow the benefit of volunteers. People are looking for ways to be creative and contribute to their communities. Your city simply needs to take the time to be prepared to make a volunteer program successful.

Engaging citizens through volunteering will help them learn how the city functions and may even create advocates for your city.

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Staycations: Municipal Services Answers to Your

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Safety and Risk Cyberliability

Part Two

in the Age of Austerity Top Budget Questio ns Grants 101 a Little Cloudy?

Sunshine Laws

Festivals Hot Weather

Sidewalk Safety Volunteers

To advertise in Kentucky City, contact Kelly Arvin at 502.423.7272 or karvin@ipipub.com.

www.ipipub.com

Portions of this article were reprinted with permission from Minnesota Cities, a publication of the League of Minnesota Cities, copyright 2011.

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KEEP FESTIVALS FOCUSED ON FUN!

by Callie Dezarn, Marketing Associate, Kentucky League of Cities Insurance Services

Festivals are popular in Kentucky and are a great way to exhibit the qualities that make each city and community unique.

When planning a festival for your city or community, there is one important factor to take into consideration: the liability exposure that comes with festivals. To help ensure you have a safe and fun festival, follow these six simple guidelines.

Whose Event Is It? Many festivals are a cooperative effort of several different community organizations. With multiple groups working toward the same goal, cooperation is crucial and should be encouraged, as long as each organization is willing to contribute its fair share. If the event is sponsored by one party, the city direction becomes much clearer. If not, it is important to have a leader and to be organized. Identify people as planners and coordinators, and assign specific tasks.

If multiple groups are participating, all of them should be insured and willing to provide a certificate of insurance for their general liability coverage. Generally, a service organization is insured by its parent organization and has this coverage available. The event and the organization should also be separately insured to avoid depleting the city’s insurance coverage.

Planning. A safe and successful festival begins with planning several months in advance. All areas of operations, teams and committees should be represented to coordinate services, staffing and other details. Closer to the event, meetings with all teams and committees should be held at least one week prior to the festival, the week of and the morning the festival is set to begin. These meetings should be short and informative, allowing each representative a chance to report on progress, settle unresolved details and check that safety and security arrangements are in place.

Be Selective. When it comes to planning for festivals, be selective.

Some events pose a higher probability of loss and should be avoided.

Serve the public by planning an event that offers high-quality recreation without endangering the well-being of your city. Some risks that are best avoided include vehicle races, amusement rides, liquor sales and fireworks; however, the risk can be transferred by contracts with vendors or sponsors that are insured or with insurance purchased specifically to protect the city from these risks.

Risks Are Present. The first obstacle to overcome when planning an event is the idea of “We’ve never been sued,” or “That never happens here.” Statements such as these are waiting to be proven wrong.

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Accidents and injuries can and do happen. It is easier to take the necessary precaution on the front end of planning than to repair your public image after an incident has occurred.

Transfer Risks. Sponsors and promoters should stand behind their events. A common method of transferring risk to those who create or share in the exposure is to require a certificate of insurance from the event promoter with the city named as an additional insured. A common transfer method for some nonprofit groups and all participants in athletic events is the waiver of liability. Liability waivers offer a method of advising participants of the risks and securing a release of your liability for events over which you have little or no control.

LowerTown Arts and Music Festival, Paducah

Manage Your Risks. Your city will have a role in any event held on city property, in streets or in your parks. Your participation may range from providing meeting space to event organization or promotion. To help reduce your risk, Kentucky League of Cities Insurance Services (KLCIS) suggests that you closely examine the event, determine what losses could occur, and then select and implement appropriate risk-control methods.

If you have questions related to planning festivals, please contact your KLCIS loss control representative at 800.876.4552 or download the Special Events Planning Guide at www.klcis.org.

Take the

Heat Off

OSHA Releases Mobile App to Help Protect Workers from Heat-Related Illnesses

by Terri Johnson, Senior Marketing & Communications Manager, Kentucky League of Cities

W

hen city employees are working in the heat, safety comes first. With a new OSHA tool, employees can have vital safety information available whenever and wherever they need it — right on their mobile phones.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has a free application (“app”) designed for devices using Android, BlackBerry and iPhone platforms.

The app allows workers and supervisors to calculate the heat index for their worksite locations and, based on the heat index, displays a risk level to outdoor workers. Then, with a simple “click,” the app generates reminders about the protective measures that should be taken at that risk level to protect workers from heat-related illness — reminders about drinking enough f luids, scheduling rest breaks, planning for and knowing what to do in an emergency, adjusting work

operations, gradually building up the workload for new workers, training on heat illness signs and symptoms, and monitoring each other for signs and symptoms of heat-related illness.

The app, which can be downloaded for free in English or Spanish, combines heat index data from the U.S. National Oceanic and Atmospheric Administration with the user’s location to determine necessary protective measures. Information for supervisors is also available through the app on how to gradually build up the workload for new workers as well as how to train employees on heat illness signs and symptoms.

OSHA’s Campaign to Prevent Heat Illness in Outdoor Workers provides a number of resources that can be downloaded for free. Download the app and other heatrelated tools, including workplace posters, and other information at www.osha.gov/ SLTC/heatillness.

WATER. REST. SHADE. Follow these steps from OSHA to help prevent heat-related illnesses: • Drink water often • Rest in the shade • Report heat symptoms early • Know what to do in an emergency Who Is Affected? Workers exposed to hot and humid conditions are at risk of heat illness, especially those doing heavy work tasks or using bulky protective clothing and equipment. Some workers might be at greater risk than others if they have not built up a tolerance to hot conditions.

What Is Heat Illness? The body normally cools itself by sweating. During hot weather, especially with high humidity, sweating isn’t enough. Body temperature can rise to dangerous levels if precautions are not taken. Heat illnesses range from heat rash and heat cramps to heat exhaustion and heat stroke. Heat stroke can result in death and requires immediate medical attention.

How Can Heat Illness Be Prevented?

Remember three simple words: water, rest, shade. Drinking water often, taking breaks and limiting time in the heat can help prevent heat illness. Employers should include these prevention steps in worksite training and plans. Gradually build up to heavy work in hot conditions. This helps build tolerance to the heat. Employers should take steps that help workers become acclimated, especially workers who are new to working outdoors in the heat or have been away from work for a week or more. Gradually increase workloads and allow more frequent breaks during the first week of work. Also, it’s important for employees to know and look out for the symptoms of heat illness in themselves and in others during hot weather. Remind employees to plan for an emergency and know what to do — acting quickly can save lives!

Some information reprinted from OSHA website, www.osha.gov.

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CYBERLIABILITY

DAILY FUNCTIONS CAN BE RISKY BUSINESS

by Ned Wertz, CPCU, Director of Claims/Underwriting, Kentucky League of Cities Insurance Services

We leave a trail of our personal data everywhere we go. When we go to the grocery store, we sign up for loyalty programs and give them our birthdates without thinking twice. We sign up for the local health club and give them our bank account numbers to make monthly fee withdrawals. When we buy a car, pay our trash bill or even get a library card, we give personal information without a second thought to how our personal information will be kept private.

You only have to look at the daily newspaper to read about the credit card companies, hospitals, online retailers and many others that have experienced a breach of confidential data. Once the breach occurs, the work begins to determine how it occurred, what was accessed and what steps are required to secure data in the future.

That is just one step in the process when a breach occurs; thousands of dollars are spent notifying customers, hiring lawyers, hiring IT professionals to determine how the system was breached and perhaps providing credit

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monitoring for years to your most valuable asset — your customers — to say nothing of your reputation. Once the data has been stolen (or inadvertently misplaced), criminals can use that stolen data to apply for credit without the knowledge of the true individual. That is, until the bills start arriving, and the credit score is ruined.

Once the data has been stolen (or inadvertently misplaced), criminals can use that stolen data to apply for

So How Does This Affect You?

credit without the knowledge

Do you collect an occupational license tax?

Do you allow residents to pay utility bills online? Do you have city employees? If you

of the true individual.

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answered “Yes” to any of these questions (and you did), your organization is at some level of risk.

Protection of personal data is the largest concern of anyone who collects personal data of others — or, at least, it should be. Too often, data security measures are not considered until it is too late. Once the data is gone, there is no getting it back, and how careful

damage to your reputation if you were entrusted with the identity information of your citizens and you allowed it to be taken.

The issue of cyberliability is definitely something to discuss with your city’s insurance carrier.

The Kentucky League of Cities Insurance Services (KLCIS) recognizes the potential for its liability customers and is making avail-

Think for a moment of the damage to your reputation if you were entrusted with the identity information of your citizens and you allowed it to be taken.

you are next time won’t make a difference.

Whether it be Social Security numbers, birthdates, medical records or addresses, all this data is valuable to the identity thief.

Various state and federal laws have been enacted setting forth the penalties and responsibilities of those who have been entrusted with personal data and the duties these individuals must perform if that data goes missing. The penalties can be an obligation to provide lifetime credit monitoring services or provide legal services to correct credit reports.

This would be to all customers (or employees) in the database. No one has to prove that the data is being used — just that the data has been diverted. Think for a moment of the

able, at no cost, a new data-breach coverage that provides coverage limits of $250,000 per occurrence. The coverage will be added as an endorsement to the General Liability policy at no additional premium during the next renewal cycle (beginning July 1).

But insurance won’t bring back the data after the fact, nor will it prevent future data breaches. Like Smokey Bear, only you can prevent data breaches.

The possibility of data breaches can be minimized by: 1. Requiring strong passwords on all systems and changing passwords regularly 2. Utilizing encryption tools 3. Keeping antivirus (and all software) up to date 4. Utilizing the services of an IT professional to secure your systems 5. Testing the vulnerability of your systems regularly 6. Stay up to date on data reporting and protection laws that apply to your city

Your Snow Dogg Plow Dealer

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“We believe this coverage is a significant addition to our risk management efforts and is another example of what separates the Kentucky League of Cities Insurance Services from the commercial marketplace,” said Doug Goforth, KLC chief insurance services officer. “Cities are certainly not immune from cybercrime.”

For more information or to review coverage, KLCIS members can contact Underwriting Manager Suzanne Reed at sreed@klc.org or anyone in the KLCIS department at 800.876.4552.

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Safety and Risk

THE PATH TO SAFETY SIDEWALK SAFETY AND LIABILITY

by Greg Partin, Loss Control Specialist, Kentucky League of Cities Insurance Services

Sidewalks remain an important legal liability exposure that affects cities of all sizes. Even small cities have hundreds of feet of sidewalks, and larger cities may literally have miles of them. On average, the Kentucky League of Cities Insurance Services (KLCIS) handles 43 sidewalk liability claims per year, with an average cost of $8,255 per claim. In 2011, the top five sidewalk liability claims ranged from $25,000 to $80,000.

Every Kentucky city has a duty to keep its sidewalks in reasonably safe condition.

However, it’s neither possible for a city to maintain perfect sidewalks, nor does the law impose such a standard. The city is not the guarantor of the safety of every person using its sidewalks and is not responsible for every injury that may occur. There is no single rule or guideline that defines a defect or condition that renders a sidewalk unsafe. The right to recover damages from a city for injuries caused by defective or dangerous sidewalks is derived from the common law of negligence.

Therefore, in order to recover damages, the person must establish these facts:

1) While using a sidewalk properly and with ordinary care, he or she suffered an injury caused by a defect in the condition in the sidewalk 2) That the sidewalk was not reasonably safe because of the condition 3) That the city knew, or should have known, of the condition and failed to take reasonable steps to eliminate it

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If a sidewalk defect or condition has existed long enough that the city should have been aware of the problem through ordinary diligence and failed to guard the public against it, there would be grounds for a lawsuit.

KLCIS strongly encourages every Kentucky city to develop and implement a sidewalk safety program to reduce this liability exposure. These programs do not have to be elaborate, but they should be comprehensive. First, a policy should be established that includes the conditions that warrant repair or replacement. Second, a formal inspection program should be instituted to identify and document problem areas within the network of sidewalks. Employees should be trained to identify defects while they are performing their job responsibilities. The surface condition of all public sidewalks should be documented at least on an annual basis. A system for prioritizing repair and replacement needs should be developed based on the results of the annual inspections. Third, the program should establish a repair or replacement procedure that states whether the abutting property owner or the city will repair the sidewalks or if both will share the responsibilities. Generally, the city may offer several options to remedy the costs associated with repairs and replacements, including: • Sharing the costs with the property owner • Replacement at no cost to the property owner • Perform the work and bill the property owner

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• Provide the property owner with a list of contractor names • Fund a sidewalk replacement program, allocating funds for repairs and maintenance Many Kentucky cities have adopted ordinances as part of their sidewalk safety policies. These ordinances require abutting property owners to construct, repair and maintain public sidewalks. Generally, the ordinances provide that if the property owner fails in these responsibilities after notice to do so by the city, the city will perform the work and charge the property owner with the respective costs. The city may take a lien on the property if necessary if the costs remain unpaid. To maintain its effectiveness, the ordinance must be strictly enforced. Sidewalk safety policies and ordinances cannot be used as risk-transfer mechanisms by the city.

Every city’s policy for sidewalks is as unique as the city itself, which is fundamental to home-rule authority. Success begins by ensuring your city’s policy contains the elements outlined above. For example, the city of Winchester’s sidewalk ordinance requires every property owner adjoining or abutting upon a public sidewalk to maintain the sidewalk in good repair and free of cracks, holes, chips or other defects. It also requires the sidewalks to be maintained free of accumulations of ice or snow. The city’s repair and replacement procedure requires the city to remove defective sidewalks; however, the property owner is required to install the new sidewalk.

The city of Paducah’s ordinance states that the property owner shall be responsible for maintaining sidewalks in a clean and sanitary condition and keeping them in good repair. The Sidewalk Replacement Agreement section of the ordinance states that the city will provide assistance to the property owner in the reconstruction of sidewalks to encourage and support the integrity of the existing infrastructure within the city right-of-way. The reconstruction work begins only after execution of a written agreement between the city engineer and the property owner. The city is responsible for the actual construction costs, while the property owner is responsible only for the purchase of the concrete required for the project. The city’s ordinance goes on to state that this assistance is only to replace existing sidewalks located in the public right-of-way that are in need of repair. The assistance is not intended for construction of new sidewalks or for sidewalks on private property for cosmetic purposes. Sidewalks damaged by property owners or replaced for the convenience of the owner are the sole responsibility of the property owner.

The city of Russellville has also established a sidewalk safety program. The city’s sidewalk ordinance created a City Sidewalk Committee, which is comprised of two council members, the Street Department superintendent and a resident of the city. The committee is responsible for preparing a map of all sidewalks and a report that evaluates the condition, the cost estimate of repairs and the priority for each. The city provides the labor and concrete necessary for the repairs based on the availability of funds and the assigned priority. Prior to making any repairs, the committee sends the abutting property owner a letter advising him or her of the required repairs, the schedule and estimated costs. If the property owner wishes to add or change the scope of the project, he or she must notify the committee prior to the start date. If the changes add to the costs of the repair, the owner is responsible for the cost difference.

For further information or assistance in developing a sidewalk safety program for your city, please contact the KLCIS Loss Control department at 800.876.4552.

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Answers to Your Top Budget Questions

by Andrea Shindlebower Main, Senior Legal Analyst, Kentucky League of Cities As the fiscal year starts to draw to a close, cities need to be working on their budget ordinances. To help you with the process, here are the answers to a few frequently asked legal questions the KLC Legal Department receives each year.

Is a city required by law to have a new budget for each new year?

Yes. Each city must adopt an annual budget ordinance covering one fiscal year (July 1 to June 30) that controls how revenue is raised and funds are expended.

Who prepares the budget proposal?

The executive authority of each city must prepare a budget proposal and message, which must be submitted to the legislative body at least 30 days prior to July 1. The budget message must explain revenue-raising and expenditure goals, any significant changes in program goals and appropriations, and any important budget features or major changes in financial policy. In mayorcouncil cities, this duty falls to the mayor. It is the responsibility of the city commission

in commission forms of government and the city manager in cities that have the manager form of government.

Does the legislative body have to adopt the budget as proposed by the executive authority?

No. The legislative body determines the final form and detail of the city budget and adopts it by ordinance. While the proposal submitted by the executive authority should be given serious consideration, the legislative body is free to make any changes in the budget as it sees fit.

Is a budget ordinance adopted differently from other types of ordinances?

No. It is adopted in the same manner as any other ordinance and becomes effective when published. As soon as the ordinance is adopted, the city clerk must cause a summary or the text of the ordinance to be published in a newspaper. Publication is always required, unless an emergency is declared, in which case the budget ordinance would become effective immediately upon adoption.

What happens if a city fails to adopt its budget by the beginning of the fiscal year?

The previous year’s budget will remain in force as if readopted until a new budget ordinance is adopted. However, because city financial goals and situations change from year to year, the city should attempt to enact a new budget ordinance as quickly as possible to reflect the city’s current financial status.

What should a city do if, after the budget is adopted, the city realizes it did not appropriate enough money to a certain fund?

The budget ordinance should be amended prior to spending funds in excess of money appropriated to a certain fund or before transferring money between funds. Although many cities wait until the end of the year to reflect that these transfers or expenditures were made, this is technically illegal. The budget ordinance can be amended at any time during the fiscal year, as long as expenditures do not exceed revenues.

For more information on requirements for establishing and administering your city budget, contact KLC’s Legal Department at 800.876.4552.

All Aboard Amtrak

Kentucky Cities Benefit from Train Tourism

by Sarah Razor, Governmental Affairs Communications and Training Manager, Kentucky League of Cities For Maysville Mayor David Cartmell, catching the train down the street from city hall is a long-standing family tradition. His great-great-uncle was the president of the Maysville and Lexington Railroad Company in 1871. His mother and grandmother, who were both previous mayors of Maysville, frequently took the train to Washington, D.C., to lobby on city issues.

“When my grandmother was mayor, she estimated she made the journey to Washington by train 37 times to get continuation of funding for the city floodwall,” Cartmell said.

He began catching the train in his hometown in 1964 to attend school in Philadelphia. These days, he takes it a few

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Will Fitzgerald, Mayor Cartmell’s great-greatuncle, was the president of the Maysville and Lexington railroad company in 1871.

times a year to advocate city issues and to attend National League of Cities meetings.

“You always meet some interesting people while riding the train. I’ve sat next to

CONNECT, INFORM & MOTIVATE

John Madden and several members of the Cincinnati Bengals on their way home from a game,” Cartmell said.

Amtrak operates two long-distance trains through Kentucky. The Cardinal is a triweekly train providing service to Chicago, Cincinnati and New York. Riders can board in Ashland, Maysville and South Shore. The City of New Orleans is a daily train servicing Chicago, Memphis and New Orleans via Fulton. In 2011, nearly 5,500 people boarded a train in Ashland, South Shore or Maysville. Another 3,500 were served at the Fulton Amtrak.

A quick price check reveals that an Amtrak ticket from Maysville to Washington, D.C., and back would cost around $150. In many instances, a plane ticket from Lexington or Louisville can cost more than twice as much.

Grants 101

What Is a Grant Proposal, and How Do I Find Funders?

A grant proposal is a request from an outside source for financial assistance to create, develop or implement a project or a specific initiative.

Grant funds come from several sources, including state or federal funds, private foundations, public grants and corporate foundations. Locating funding sources is commonly achieved by Internet and library research.

Research several options for potential funders. If you only have one grantor or revenue source, you may become dependent upon that one source. It is also helpful to have seed money or some percentage of funds set aside as a potential match for grantors to see the local commitment to the initiative.

There are many ways to go about searching for potential funding.

One is by writing a proposal, then looking for potential funding sources. Another approach is to locate a funding source that shares an inter-

est in your initiative or project, build a relationship with the funder, and then develop a proposal. In some cases, the grant funder may offer an application process that you must follow.

KLC also publicizes grants online at klc.org and in our weekly e-newsletter, KLC DirectLine. New grant information is added almost every week.

If you have questions about grant writing, contact Bobbie Bryant at 800.876.4552 or bbryant@klc.org. If your city would like to host a Grant Writing 101 training workshop, please contact Sarah Razor at 800.876.4552 or at srazor@klc.org.

Research Tips

Importance

Make contact by phone

Find out immediately if your project is of interest to the funding source.

Research using websites

Easy access and tons of information. You will have to look carefully to find appropriate matches.

Research using the public library

Librarians are terrific resources in locating foundation directories and Internet databases to assist you in your search.

Seek out proposal guidelines

Be sure to investigate thoroughly the guidelines of each funding source to make sure you are matching their interests.

Follow up on funding sources you may be aware of in your own community

Local philanthropic funding sources may be available in your own community.

Although train trips take longer, ample leg room, overnight sleeper cars, free Wi-Fi Internet access and the unique views attract travelers with flexible schedules.

South Shore Mayor Cheryl Moore appreciates the tourism and economic benefit for the area from the Amtrak station located on Main Street. More than 1,000 visitors per year get

Mayor Cartmell at the current Maysville train station, which was built in 1908

on and off the train at South Shore, and riders and relatives picking passengers up from the train stop often eat at local restaurants and visit area businesses for fuel and other necessities. Additionally, the mayor is working with state tourism officials and state Rep. Tanya Pullin (D-South Shore) to encourage more riders to coordinate visits to Greenbo Lake State Park and other area attractions.

Rep. Pullin takes advantage of the Amtrak service to Washington, D.C., using the quiet time and Internet access as an opportunity to get work done during the commute. Additionally, she likes the convenient Amtrak location in Washington, D.C., which allows her to travel without the extra cost and hassle of parking a car.

“South Shore is like Whistle Stop,” Rep. Pullin explained. “The train comes early

More than 2,800 Amtrak riders boarded at the Ashland station in 2011.

in the morning, you hear the whistle, and then you see it break through the fog. The conductor puts out the steps, and you get to enjoy a beautiful, peaceful way to travel.” klc.org

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KLC Candids

KLC Candids

Winchester Mayor Ed Burtner (left photo, far right) and Commissioner Kenny Book (right photo on left) assisted the Senior Citizens Meals Program, which is operated by the Kentucky River Foothills and the Generations Center in Clark County during the March 21 Mayors for Meals/Leaders for Lunches event. City officials from several Kentucky communities participated in the national event sponsored by Meals on Wheels Association of America, which brings attention to the issue of senior hunger.

Kentucky Municipal Environmental Safety and Health Association (KMESHA) Conference, March 7-9, Louisville

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Richmond Police Officer Named National Law Enforcement Officer of the Year Richmond Police Officer Kelly Rouse was recently selected as the National Law Enforcement Officer of the Year by the American Police Hall of Fame. The award recognizes officers who performed an act of extraordinary heroism in the line of duty during the calendar year 2011.

On March 26, 2012, Officer Rouse was recognized and received the award at a ceremony held at the American Police Hall of Fame and Museum in Titusville, Florida. Rouse intervened in a robbery attempt at a Richmond restaurant on January 22, 2011, using his body to shield two employees being held at gunpoint. The suspect didn’t obey commands to drop his weapon and

pointed it at Rouse, who fired one round from his weapon to stop the suspect.

In addition to the Officer of the Year award, Officer Rouse received the American Police Hall of Fame Silver Star for Bravery and was made a member of the Venerable Order of Knights of Michael the Archangel. In addition, Titusville Mayor James H. Tulley Jr. issued an official proclamation declaring March 26, 2012, as a day to honor Officer Rouse and all law enforcement officers. Officer Rouse was also presented with a congratulatory letter from Kentucky Gov. Steven L. Beshear.

“I feel quite humble being in a room of such professional, dedicated officers,” Rouse said, calling the honor a blessing. “It’s always a good day when the good guys prevail.”

The Richmond Youth Advisory Commission Spends a Day in Frankfort Members of the 2011-2012 Richmond Youth Advisory Commission recently spent a day in Frankfort attending sessions of the House and Senate, talking with lobbyists and meeting with Rep. Rita Smart (D-81) and Sen. Jared Carpenter (R-34), both of whom represent their home cities of Richmond and Berea.

Established by the city of Richmond, the Richmond Youth Advisory Commission (RYAC) is a unique leadership opportunity designed to empower youth through civic engagement. The mission of the RYAC, composed of 15 students who represent the four high schools in Madison County, is “to empower youth to take a more active role in the future of the city by advocating for the concerns, interests, and needs of youth; advising leaders and policymakers on local issues from a youth perspective; planning activities and events with a youth focus; mobilizing youth volunteers for community service; promoting youth

activism in governmental affairs; and acting as change agents to create a more engaged, better and stronger community.”

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Sunshine Laws a Little Cloudy?

Shedding Light on Common Open Meetings/Open Records Misconceptions

by Laura Ross, Legal Services Counsel, Kentucky League of Cities

The purpose of the Open Records and Open Meetings acts, sometimes referred to as the “Sunshine Laws,” is to allow members of the public to know and understand what their government is doing on their behalf. However, the statutes designed to provide transparency in government can sometimes be anything but transparent to city officials attempting to comply with their provisions.

The KLC Member Legal Services Department hears a lot of ideas about what the Open Records and Open Meetings acts require.

See if you can tell whether the following statements are FACT or FICTION, and then check the answers below. (No cheating!)

1. A person requesting city records must use the request form provided by the city clerk.

2. When a city decides to comply with a request, the city must always provide the records within three business days.

3. City officials are not allowed to have retreats unless they are advertised as open meetings.

4. Cities do not have to take minutes in a closed session.

5. A city can never charge for staff time when calculating copying costs for records requests.

6. The personnel exemption to the Open Meetings Act would not apply to a discussion of removal of a legislative body member.

7. Citizens have a right to speak at public meetings.

8. A city does not have to honor a records request sent via e-mail.

9. A city must always mail copies of records if a person requests the city to do so.

10. A city is not required to publish special meeting notices and agendas.

1. FICTION! A city cannot require use of a particular form for records requests. However, it can require requests to be in writing. Also, KLC recommends providing a form for convenience to both the requester and the city and to help maintain records of requests. Just remember the form cannot be mandatory, and this should be made clear to the public.

2. FICTION! Although a city should make every effort to provide records for inspection within three business days, there will be times when this is not possible, and the Open Records Act recognizes that. A city is required to respond to the request in writing within the three-day period to inform the person that the city will (a) comply with the request, (b) comply but needs additional time to provide the records or (c) deny the request. If there is a reasonable cause for delay, the clerk must provide a detailed explanation (for example, the records are in storage or active use) and the place, the time and the earliest date the records will be available.

3. FACT! Remember, as elected city officials, you cannot “retreat” from the public. Any time a quorum will be present, and public business will be discussed or action will be taken, the gathering must be treated as an open meeting. Furthermore, a city should hold all meetings within its jurisdictional limits unless it is unavoidably necessary to do otherwise.

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4. FACT! Although minutes are required for open meetings, they do not have to be taken while in closed session, although the legislative body can do so if it chooses.

5. FICTION! Generally, a city can only recover the actual cost of copies, including postage. However, when a person requests a nonstandardized or tailored format, the city may, at its discretion, provide the requested format and recover staff costs as well as actual costs.

6. FICTION! The exemption applies if the discussion involves the appointment, discipline or dismissal of an individual employee or “member.” A discussion of removal of a legislative body member, therefore, would be an appropriate matter for closed session.

7. FICTION! Citizens have a right to attend meetings, and cities must not impose conditions on attendance other than those necessary for maintaining order. However, a right to attend does not include a right to speak. The city can impose time limits on citizen comments or disallow them altogether if necessary.

8. FACT! Unless the city records policies allow e-mailed requests, or the city otherwise consents to conduct open records transactions via e-mail by express agreement or a clear course of conduct, a city does not have to honor an e-mailed request. Keep in mind, however, that once you begin communicating with a requester via e-mail, you may be opening the door to accepting the e-mailed submission. To assist the clerk and the public, a city’s policies should clearly state the accepted methods for submitting a request.

9. FICTION! There is no requirement to mail copies of records unless the person’s residence or principal place of business is outside of the county, the person precisely describes the records, the records are readily available, and the person makes advance payment of the fee and postage if requested by the city. However, nothing prohibits a city from mailing copies in other circumstances if it chooses.

10. FACT! Surprised? This is sort of a trick question. I used the word “publish.” While a city is not required to publish notice and agendas for special meetings, it does have to post the date, the time, the place and the agenda at city hall and the place where the meeting is being held and provide them to all legislative body members, as well as any members of the media who have filed a request to receive notification of special meetings. The notice and agenda must be posted and provided at least 24 hours in advance.

For more information about open records and open meetings requirements, contact the KLC Member Legal Services Department at 800.876.4552.

June 2012

Calendar compiled and designed by Ulysses Hayes, KLC Graphic Designer

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July 2012

Calendar compiled and designed by Ulysses Hayes, KLC Graphic Designer

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Welcome New 2012 Cornerstone Partners As part of the Kentucky League of Cities (KLC) Business Connection, the KLC Cornerstone Partner Program provides businesses with a variety of opportunities to be visible among KLC members throughout the year.

All Recreation, Inc. 502.689.8005 www.allrec.com

Stoll Keenon Ogden PLLC 859.231.3627 www.skofirm.com

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KENTUCKYC IT Y A PUBLICATION

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OF CITIES

MAY | JUNE 2012

Harshaw Trane 502.499.7000 www.harshawtrane.com

Strategic Funding Group, Inc. 859.268.9272 www.sfg-inc.net

Miracle Recreation 270.242.3431 www.miraclekytn.com

Windstream Communications 502.736.2220 www.windstream.com

Selby Asphalt 270.866.2014 www.selbyasphalt.com For information about the KLC Business Connection, go to klc.org/Business Connection, or contact Jeri McCullough at jmccullough@klc.org or 800.876.4552.

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Staycations: Municipal Servi Special Section:

Safety and Risk

Cyberliability Festivals Hot Weather Sidewalk Safet y Volunteers

Part Two

ces in the Age of Austerity Answers to Your Top Budget Ques tions Grants 101 Sunshine Laws a Little Cloudy?

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KENTUCKY LEAGUE OF CITIES 100 East Vine Street, Suite 800 Lexington, KY 40507-3700

PRSRT STD U.S. POSTAGE Paid LOUISVILLE, KY Permit No. 879