Kentucky City by Matt Wood

KENTUCKYCITY A PUBLICATION OF THE KENTUCKY LEAGUE OF CITIES

s r a e Y 5 g n i t a r b e Cel y t i C y k c u t n e K f o u s s I s i h T In

s ation Claim in m ri c is D • ce e Workpla re F g ru D • on lassificati C e e y lo p • Em Obesity Childhood g n ti h ig F • g Gaps e Financin th g n li il F • You FICA? • How Do ette Flag Etiqu • Proper

MAY | JUNE 2016

KLC Executive Board Members President – Mayor Roddy Harrison, Williamsburg First Vice President – Mayor Claude Christensen, Sadieville

A PUBLICATION OF THE KENTUCKY LEAGUE OF CITIES Volume 6 • Issue 1 Kentucky League of Cities 100 East Vine Street, Suite 800 Lexington, KY 40507-1444

Second Vice President – Mayor Jim Barnes, Richmond Executive Director/CEO – Mr. Jon Steiner, KLC Immediate Past President – Mayor Susan Barto, Lyndon Mayor Teresa Rochetti-Cantrell (Mayfield)

Mayor Bill Kelley (Middlesboro)

Mayor David Jackson (Madisonville)

Mayor Chuck Charles (Ashland)

Mayor Eddie Girdler (Somerset)

Mayor Steve Austin (Henderson)

Councilmember Marty Fulkerson

Mayor Bill Dieruf (Jeffersontown)

(Elizabethtown)

Commissioner Pamela Smith-Wright (Owensboro)

Mayor Dan Bell (Taylor Mill)

City Administrator Tim Williams (Crestview Hills)

Mayor Brian Traugott (Versailles)

City Attorney W. Scott Crabtree (Franklin)

KLC Board of Directors Members Region 1

At-large Directors

Mayor Gayle Kaler, Paducah

Mayor Sherry Carran, Covington

Mayor Phillip King, Bardwell

Mayor Gary Williamson, Mount Sterling

Mayor David Prater, Fulton

Mayor Jan Yonts, Greenville Mayor Tom Hardesty, Shelbyville

Region 2

Mayor Paul Meier, Crestview Hills

Mayor Michael Hughes, Auburn KLC staff contributors (left to right): Bobbie Bryant, Ulysses Hayes, Terri Johnson, Laura Milam Ross, Jessica Miller and Andrea Shindlebower Main

Mayor Paul Sandefur, Beaver Dam

Louisville and Lexington Directors

Mayor Jenny Sewell, Dawson Springs

Mayor Jim Gray, Representative for LFUCG, Region 6 Mayor Gregory Fischer, Representative for Louisville

Region 3

Metro, Region 4

Mayor George Cheatham, Greensburg

Jonathan Steiner Executive Director/CEO Robin Cooper Chief Member Services Officer

Terri Johnson Kentucky City Editor Ulysses Hayes Photographer Kaye Smith/ Joseph Coleman Proofreaders

Mayor Jeffrey Edwards, Monticello

Governmental Organization Representatives

Mayor Bruce Wilkerson, Bowling Green

Crissy Upton, President, Kentucky Municipal

Region 4

Larisa Sims, AICP, Representative, Kentucky Chapter

Clerks Association City Clerk/Treasurer Debbie Batliner, Simpsonville Mayor Mike Weaver, Radcliff

American Planning Association Andrew Hartley, Representative, Municipal Attorneys Association of Kentucky

Mayor Don Pay, Taylorsville

Robert W. Martin, President, Kentucky Government

Region 5

Marlon Sams, Representative, Kentucky Recreation

Finance Officers Association Mayor Diane Whalen, Florence Mayor James Hamberg, Southgate

Subscriptions are $3 per issue/$18 per year. Please contact KLC at 800.876.4552 for more information.

Mayor Rick Skinner, Williamstown

Innovative Publishing specializes in creating magazines for associations and businesses. Please direct inquiries to Aran Jackson at aran@innovativepublishing.com.

Management Association Chief Tracy Schiller, Representative, Kentucky

Region 6 Mayor Ed Burtner, Winchester Mayor Harold Rainwater, Wilmore

Kentucky City is published by Innovative Publishing, 10629 Henning Way, Suite 8, Louisville, KY 40241 844.423.7272

and Park Society John Thomas, Representative, Kentucky City/County

Association of Chiefs of Police Wendell Wright, Representative, Kentucky Chapter American Public Works Association

Councilmember Susan Lamb, Lexington

Missy Andress, Representative, Kentucky Public Human

Region 7

Chief Steve Kyle, Representative, Kentucky Association

Resources Association Mayor James Craft, Whitesburg Mayor Willard McBurney, Corbin Mayor Troy Rudder, London

of Fire Chiefs Dennis Michael Crist, Representative, Code Administrators Association of Kentucky Wanda Wilson, Representative, Kentucky Black Caucus

Region 8 Mayor David Cartmell, Maysville Mayor Bob Porter, Paintsville Mayor Martin Voiers, Flemingsburg

of Local Elected Officials Barbara Reed, President, Kentucky Occupational License Tax Administration Association * Governmental organization representatives are appointed by the KLC president.

www.innovativepublishing.com

Former Executive Board Member Donovan Blackburn, City Manager, Pikeville

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MAY | JUNE 2016

Table of Contents WISH YOU’D WRITE!

Interested in writing for Kentucky City? KLC is eager to spotlight members who would like to write on topics of interest to our membership. If you’d like to lend your expertise on a topic, write about your experience as a city official or employee, or spotlight something in your city, please contact Terri Johnson at 800.876.4552 or tjohnson@klc.org.

Features 10 Are Your Employees Classified Correctly? 12 Discrimination Claims Are Going Up What Can Employers Do to Prevent Them?

14 16 20 24

20 24

How Do You FICA? Creating a Drug Free Workplace Kentucky: The Last Five Years City Issue: Health and Wellness One Community Taking a Stand to Fight Childhood Obesity

At Attention: Proper Flag Etiquette

Departments

Extras

City Postcard

Obtaining and Retaining the Best Employees

Executive Director’s Message

Performance Evaluations – To Do on Not to Do?

City Insider

Filling the Financing Gaps

8 Tidbits

30 Candids

Upcoming Training

Bicycling in Kentucky

Good to Know

Hit the Right Note: Music Copyright Laws

Tech Department

Utilities Marketplace

Calendar

City Postcard Thank You to Our Advertisers! Adams, Stepner, Woltermann & Dusing, PLLC........................................................2 www.aswdlaw.com Baird & Baird, P.S.C....................................................................................................................................... 39 www.bairdandbaird.com Barrett Partners, Inc., Planning & Landscape Architecture....... 39 www.barrettpartnersinc.com Enterprise Fleet Management......................................................................................................33 www.efleets.com

MT. WASHINGTON

ERS-OCI Wireless............................................................................................................................................... 31 www.ers-oci.com Goodwill.......................................................................................................................................................................... 39 www.goodwillky.org Keuler, Kelly, Hutchins & Blankenship, LLP.............................................................33 www.kkhblaw.com Murray State University........................................................................................................................ 40 www.murraystate.edu Ross, Sinclaire & Associates, LLC.......................................................................................... 27 www.rsanet.com RussMar Utility Management......................................................................................................... 37 www.russmarutilities.com Rust-Oleum Industrial Brands...................................................................................................... 37 www.hppindustrialsales.com Stringfellow Inc......................................................................................................................................................2 www.stringfellow.bz Sweep All Inc............................................................................................................................................................ 13 www.sweepall.com Utility Service Group.................................................................................................................................. 39 www.utilityservice.com Wascon Sales and Service................................................................................................................ 37 www.wasconinc.com

KENTUCKYCITY

Published May 2016 | 2016/ 1

A PUBLICATION OF THE KENTUCKY LEAGUE OF CITIES

g 5 Years Celebratin ky City of Kentuc In This Iss

MAY | JUNE 2016

Cover design by Matt Wood

ination Claims • Discrim Workplace • Drug Free Classification • Employee Obesity g Childhood • Fightin Gaps Financing • Filling the You FICA? Do How • tte Flag Etique • Proper

Mayor: Barry Armstrong Population: 12,246 What’s Happening: Mt. Washington has just completed a new playground at its city park as well as a new bike and skate park, both with significant funding from grants and civic groups. Another community park is scheduled for completion in 2017. Mt. Washington is also building a downtown city pavilion for civic and private use, which will provide space for everything from the Farmer’s Market, fish fries, festivals, family reunions, parties and weddings in the heart of the city. History: Earliest known name was “The Crossroads” because of its location at the crossroads of several travel paths. Incorporated in 1833, Mt. Washington is located at the intersection of Highway 31E and Highway 44. City Pride: Mt. Washington recently received recognition as one of the safest communities for children and families in Kentucky and is home to Bullitt East High School, named a school of distinction and rated as one of the “Top 10” schools in Kentucky. The city has an annual spring festival in May and a Fall Festival in September. Mt. Washington is also very proud of its citizen and civic engagement with special thanks to the local Lions Club. Quote from Mayor: “Mt. Washington has grown from a small, quiet farming community into one of the fastest growing cities in our state. Thanks to our hard-working and community-oriented citizens, we continuously try to make our city a great place to raise a family. Check out the City: www.mtwashingtonky.org

follow Kentucky League of Cities on social media

The City of Mt. Washington also has an app for mobile devices that allows citizens to pay bills online, check local events and more!

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Executive Director’s Message

History in the Making by Jonathan Steiner, KLC Executive Director/CEO

My daughter Izzy and I were in D.C. over spring break, and to my surprise she wanted to visit the National Archives. We saw the Constitution, the Magna Carta, the Declaration of Independence, the Bill of Rights and the Emancipation Proclamation, among other important documents. We also saw a display about the rapid changes in recordkeeping technology and retrieval. IBM punch cards, reel to reels, cassettes, 8-tracks, Sony walkmans, microcassettes, 12-inch floppy discs, memory sticks, Betamax: you get the idea. Historians need ways to retrieve the data and to preserve our history. A written document, like the Constitution can be seen by our own eyes. But how does one retrieve data from obsolete technology? The display was designed to make us think about the challenges. Nonetheless, it must be hard for a 16-year-old to grasp a world without technology, where the only record of history was a grainy photo or words on a piece of paper. I imagine Izzy and her friends have thousands of selfies and photos of themselves on their mobile devices. Our lives are broadcast minute by minute. Is this how we’ll capture history going forward? The Kentucky League of Cities (KLC) turns 100 years old in 2027. That’s a while, but we’ve begun to give some thought to that milestone and to our own history — and yours. In fact, we’ve decided to resurrect an oral history project started a few years ago at KLC. Working with experts at the University of Kentucky Nunn Center, we will be conducting several interviews with people who have played important roles in the evolution and longevity of our organization. The interviews will become part of the Nunn Center’s permanent oral history collection. The first interview was with Booneville Mayor Charles Long who, at age 96, has been mayor since 1958, making him the longest-serving

mayor in Kentucky and one of the longest-serving mayors in the nation. Publications like this magazine also help preserve and document the issues that are important to cities. I hope you have enjoyed the last five years of Kentucky City and continue to enjoy its new design and fresh look. We also want to give cities an opportunity to explore their own histories and will launch some projects at our October conference to help you do it. With election cycles, city leadership comes and goes. It’s important to establish some type of plan so years from now there will be a record of your city’s achievements, personality and people. There are a lot of important things happening right now for Kentucky cities, legislatively and otherwise. We want to make sure people years from now realize how it all happened and why it matters. Acclaimed historian Doris Kearns Goodwin accessed thousands of documents when researching Team of Rivals, her book about Abraham Lincoln. Can you imagine if there had been no written record? Although it was only 272 words, I think The Gettysburg Address would have been lost on Facebook. Families are tracing their ancestors and embracing personal histories. Cities can do the same. I encourage you to think how your own city’s history is being captured and how past and current leaders are sharing their wisdom. Every community should leave a legacy, not just for posterity, but because it’s interesting, even to 16-year-olds. Sincerely,

Jonathan Steiner

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 370 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 nonelected city officials. For more information about KLC, go to klc.org or call 800.876.4552.

City Insider

Les Stapleton, Mayor City of Prestonsburg | Population: 3,277

Small City, Big Impression. “We have a responsibility to provide citizens with a clean, safe city but also a place where people want to live. My greatest rewards are when I see citizens getting involved and city employees excited about what we’re doing.” Background: Born in Elkhorn City in nearby Pike County, Stapleton grew up in Eastern Kentucky. He always wanted to be in law enforcement. While still in college on a basketball scholarship, he was accepted into the Kentucky State Police (KSP), where he spent years in narcotics and then supervisory positions. Now retired from KSP, he has interests in oil and gas and construction businesses. Public Service: One term on city council, elected mayor in 2015. “Being relatively new at this, I’m only looking at the potential, not the way things used to be.” Competitive by nature, he’s big on doing things 110 percent — and celebrating. Because it sits right in the middle of several intersecting roads, Prestonsburg is known as the “star city.” This past New Year’s Eve, Stapleton started a “star raising” with a giant lit-up star being hoisted into the air at one of the city’s parks. “People thought I was a little crazy, but we had more than 500 people celebrating together. New York City drops the ball, Prestonsburg raises the star.” Proudest City Accomplishments: Stapleton reached out and is working with mayors from Elkhorn City, Pikeville, Coal Run Village, Louisa and Paintsville to make the most of the region’s assets. “We’ve begun to collaborate. Mostly, we are beginning to make the most of what we have here, shifting from a coal-based economy to a lot of tourism and adventure tourism.” He’s proud of the Dawkins Trail, a partnership with CSX Railroad, which will eventually provide 40 miles of hiking, biking and horseback trails. Stapleton tackled leftover financial challenges going into office as mayor and has made city finances and transparency a priority. “My biggest priority is to make people glad to be here.” He’s added a lot of community events, especially for families and children, such as a community Easter egg hunt, which attracted more than 5,000 attendees — like children, parents and grandparents — to a local city park. Advice to Others in Local Government: “Small cities can dream big.” The Future: Prestonsburg is embarking on broadband and utilities improvement projects and continuing to focus on downtown development, quality-of-life projects and events. StoneCrest, the city-run public golf course located on a reclaimed mountaintop, is now a destination for golfers. Stapleton sees these as investments in the future. “I want to make our city the kind of place my sons (both students) will want to come back to live.”

FOR FUN Favorite movie: Westerns. Anything with John Wayne. Hobbies: Coaches high school baseball and enjoys sports, including adventure sports like skydiving. Person living or dead he’d most like to meet: John F. Kennedy. “We will never know how his story could have ended.”

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Tidbits Got a city tidbit? Send it to Terri Johnson at tjohnson@klc.org.

Water Treatment Plants Recognized

for Superior Performance Kentucky’s Energy and Environment Cabinet has recognized 34 surface water treatment plants in the state for meeting the goals of Kentucky’s Area-Wide Optimization Program (AWOP). “Together, these 34 plants serve more than 1.5 million Kentuckians,” said Peter Goodmann, director of the Division of Water. “Water treatment plant staffs deserve recognition and appreciation for their daily efforts to provide a quality drinking water to their customers that goes beyond what is required by the Safe Drinking Water Act.” Two water treatment plants received an AWOP Champion Award. This award

recognizes the level of optimization achieved as well as the system’s overall compliance record for the previous three years. Logan-Todd Regional Water Commission was awarded the Champion Award for a large water treatment plant, and Williamsburg Water Department received the Champion Award for a small water treatment plant. Thirteen AWOP drinking water systems received a gold seal on their certificate for achieving the AWOP goals 100 percent of the time in 2015. These systems include Barbourville Water and Electric, Greensburg Water Works, Jackson County Water

Association, Jackson Municipal Water Works, Jamestown Municipal Water Works, Kentucky American Plant C, Laurel County Water District #2, Liberty Water Works, Madisonville Light and Water, McCreary County Water District Plant B, Western Fleming Water District, Williamsburg Water Department and Wood Creek Water District. For additional information about AWOP, visit water.epa.gov/infrastructure/ drinkingwater/pws/optimization/index. cfm, or contact Brian Chitti at Brian.Chitti@ ky.gov or 502.564.3410.

What’s the

Maker Movement? The National League of Cities (NLC) released a report on this movement, which refers to local artisans who create, craft, develop and prototype new and interesting ideas and products. This new, hyperlocal manufacturing environment is a type of local entrepreneurship and job creation. Read the full report and how cities can embrace it on nlc.org.

Upcoming Training

Hodgenville Police Designate a Safe Zone for Online Buyers Hodgenville city officials have designated the parking lot between city hall and the Hodgenville Police Department as an E-Commerce Exchange Zone. It’s a location for residents to exchange money and products after an online purchase. The area is well-marked and under 24/7 camera surveillance. “If you purchase something off the internet and you’re going to meet a person to exchange money for services or a product, you need a safe place to do that in public,” said Marcus Jackson, Hodgenville police chief. He said residents suggested the safe zone, and officials thought it was a good idea. Sgt. James Richardson, who implemented the idea in Hodgenville, said the program seems to be a success. “It’s just something that’s there when people need it,” he said. He’s aware that at least one other city, La Grange, has done a similar safety zone since seeing media about the e-commerce zone in Hodgenville. The city makes clear that it is not responsible for and does not guarantee the selling or purchasing of products, and simply wants to provide a safe place to exchange them.

What You Missed Special Section: Workplace Violence

Workplace

Domestic Violence

Violence

• From 2001 to 2012, nearly twice as many American women were killed in domestic violence incidents as the total number of American soldiers killed in Afghanistan and Iraq. • Women with disabilities are 40 percent more likely to experience intimate partner violence than women without disabilities.

Are You Ready for the Possibility?

• Every 20 seconds 20 people are victims of intimate partner violence. • One in seven men will be victims of domestic violence in their lifetime. • Eighty-one percent of women who are stalked by a current or former male partner are also abused by that partner. • Ten million children are exposed to domestic violence every year.

by Terri Johnson, KLC Senior Marketing & Communications Manager; and Andrea Shindlebower Main, KLC Personnel Sevices Specialist

Who would have thought workplace shootings would become commonplace? In Alabama, a man terminated from his job shot two people and killed himself at his workplace. In Oklahoma, after being laid off at a food processing plant, a man went back to the facility and beheaded a coworker. In Illinois, a government employee went to his workplace, started a fire and then killed himself. These incidents all happened during one week in September 2014. Workplace violence is real, and it happens every day in this country. Why? It’s basically a case of being at the right place at the wrong time. Many Americans spend as much or more of their waking hours at their place of employment than in their own homes. Individuals seeking to inflict violence know that people will be at work. Some 2 million American workers are victims of workplace violence each year. The Census of Fatal Occupational Injuries from the Bureau of Labor Statistics reports that homicides due to workplace violence are the fourth-leading cause of work-related deaths in the United States. For women, workplace violence is the second-leading

KYC

cause of death. Cities as employers, and all businesses, should take steps to prevent possibilities of violence. Not all encounters end with injury or death. Workplace violence can be anything from threats to assault and worse. Taxi drivers, store clerks, health care professionals and law enforcement personnel are among the employees most likely to experience violence while working, but any employee is at risk. Does your city employ first responders? Do you have employees who handle money? Do your employees go to high-crime or isolated areas of town while on the job? Are your office entrances easily accessible? All of these factors, and many others, add to your risk.

CONNECT, INFORM & MOTIVATE

What Is Workplace Violence? The U.S. Department of Labor defines workplace violence as any act or threat of violence, harassment, intimidation or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and homicide. It can affect and involve employees, clients, customers and visitors. In this article, we will focus on workplace violence impacting employees.

Types of Workplace Violence There are several types of workplace violence that can be directed at an employee personally or at the employer or simply be at random.

Type 1: Violence by Strangers This is typically a random act. Examples could be someone seeking to rob a work site or a mentally ill person. The Federal Bureau of Investigation (FBI) sees this type of violence continue to rise. At high risk: Employees working in open, remote or dark spaces; employees handling money; or public transit workers. Type 2: Violence by Customers or Clients This is violence committed by someone who receives services or is under the custodial supervision of the employer or victim. Examples include someone who receives utility services from your municipality or someone under arrest by police. Type 3: Violence by Coworkers This is violence committed by a current or former employee (or someone related to or associated with the employee), often seeking revenge for perceived unfair treatment. At high risk: Supervisory or management personnel and close coworkers. There are also employee-to-employee issues such as bullying, which can lead to harass-

ment and sometimes eventually to violence. (Watch for an article on employee bullying in an upcoming issue of Kentucky City.) Type 4: Violence by Personal Relations This type of violence includes domestic violence situations that spill over into the workplace or violence by someone with a personal relationship with an employee. At high risk: Women are most at risk for this type of violence. The 2015 U.S. Bureau of Labor Statistics data show that most workplace homicides of women are at the hands of a relative or domestic partner (32 percent of assailants).

The government is the employer

most at risk

of workplace violence.

Each of these types of violence can “start small” and escalate quickly or over time. It’s important to remember that not all violence occurs on city property. Sometimes, the nature of an employee’s job takes him or her into a dangerous situation. Police and other first responders are obvious examples. But think about utility workers who are required to go to locations, sometimes to cut off service to a home, or a clerk who intercepts an angry constituent. There are several steps employers can take to protect and educate employees. For tips, see “Create a Safer Workplace” sidebar on page 11. The most important thing any employer can do is have a plan in place to respond to violent threats. The best protection is a clear zero-tolerance workplace violence policy against or by employees. Establish a workplace violence prevention program and training, or incorporate information in existing accident prevention programs, your employee handbook and/or manual of standard operating procedures. You can get started by assessing your workplace readiness level. Violence Free, a

klc.org

800.876.4552

Last issue of Kentucky City featured a special section about workplace violence. View the March/April issue on klc.org.

Sign Me Up! Mark your calendar for these upcoming learning events from KLC. Get more information and register online at klc.org, or call 800.876.4552.

HB 55 Planning & Zoning – May 25 in Cave City New KLC Personnel Series, Part I – You’re Hired! – June 1 in Lexington KLC Leadership Series – Part II: “Delegation & Accountability” – June 15 in Lexington Blighted, Abandoned, and Dilapidated (BAD) Conference – June 22-24, in Bowling Green 37th Kentucky Municipal Clerks Institute – July 18-July 22 – Lexington 33rd Kentucky Master Municipal Clerks Academy – August 24-26 – Bowling Green HB 422 Code Enforcement Reform Training July 7 – Lexington August 17 – Covington September 1 – Paducah September 2 – Madisonville

Coming Later 2016 KLC Conference & Expo, October 4-7, Lexington

It’s BACK! City Government Month

Go to klc.org for more information or to register for events.

KLC will relaunch City Government Month this fall. This program helps teachers to bring city government to life for students with approved curriculum. City officials will also have an important role in the program. In a few weeks, KLC will activate a great kidfriendly interactive website, social media tools, lesson plans and student materials, plus proclamations, media tools and more for cities! klc.org | 800.876.4552

Human Resources

Are Your Employees Classified Correctly? Don’t Know? Read On. by Andrea Shindlebower Main, KLC Personnel Services Specialist

The Fair Labor Standards Act (FLSA) requires cities to pay their employees at least the federal minimum wage (which is currently $7.25 an hour) or the locally enacted minimum wage — whichever is higher. Nonexempt employees are also required to be paid overtime pay for all hours worked over 40 in a workweek. The biggest FLSA mistake that cities make is classifying employees who are nonexempt as exempt from overtime. Keep in mind that it is much better to review compliance before the Department of Labor comes in to review for you. 1. What Is the Fair Labor Standards Act (FLSA)? The Fair Labor Standards Act is a federal law that was established by the U.S. Congress in 1938 and has been amended several times since then, most recently in 2011. It is enforced by the U.S. Department of Labor. The FLSA defines the federal minimum wage, employee time recordkeeping requirements, and jobs required to receive overtime compensation after 40 hours have been worked in a workweek. 2. What Does the Term “Nonexempt” Mean? Employees classified as nonexempt are covered by the overtime provisions of the FLSA and must record each hour worked on the time record. If the employee works more than 40 hours in one workweek, the employee is paid time-and-a-half, whether in pay or in accrual of compensatory time.

3. What Does the Term “Exempt” Mean? Employees classified as exempt are not covered by the overtime provisions of the FLSA and are paid an agreed upon amount for the whole job, regardless of the amount of time or effort required to complete the work. In most cases, exempt employees do not record hours of work on the time record. 4. What Are the Criteria That Enable Employees to Be Exempt From the FLSA Overtime Provisions? To be classified as exempt, an employee must meet all of the standards in the following “tests”: 1. Be paid over a minimum salary – the salary level test 2. Be paid on a salary basis as opposed to an hourly basis 3. Perform certain duties as outlined in one of the duties tests

Human Resources

5. What Is the Salary Level Test? Currently, the FLSA salary level test requires that an employee’s salary be at least $455 a week, or $23,660 annually, in order to be considered exempt from the overtime provisions. An employee with a salary less than $455 a week must be nonexempt. Part-time employees may be nonexempt even though their annualized salary is well over $455 a week. Note: This salary level will be increasing in the coming year. KLC will keep cities posted as to any changes. 6. What Does Being Paid a Salary Mean in Terms of the FLSA? Under normal circumstances, employees paid a salary are paid a predetermined amount each week regardless of quantity or quality of work or hours worked. 7. What Criteria Are Used to Determine If Employees Over the Wage Threshold Are Exempt From Overtime? To be exempt, an employee must qualify under one or more of the following tests: 1. Executive exemption test 2. Administrative exemption test 3. Professional exemption test 4. Computer exemption test 5. Highly compensated employee exemption test Each duties test has specific requirements that must be met for an employee to be exempt. For example, the executive exemption requires that an employee (a) supervise two or more full-time employees; (b) have authority to hire and fire, or meaningfully recommend hiring and firing; and (c) manage a recognized department. Additional information on each of the exemption tests is available on the Department of Labor website at www.dol.gov/elaws/esa/flsa/overtime/menu.htm or chapter 11 of the 2015 KLC City Officials Legal Handbook.

(comp) time for any hours worked over 40. Comp time may be granted in lieu of overtime pay, at the rate of not less than one-and-one-half hours for each hour the city employee is authorized to work in excess of 40 hours in a workweek. (KRS 337.285) 11. Are There Specific Employment Positions That Have Their Own Rules? Yes, pursuant to 803 KAR 1:070: “Police officers, detectives, deputy sheriffs, state troopers, highway patrol officers, parole or probation officers, park rangers, firefighters, paramedics, emergency medical technicians, ambulance personnel, rescue workers, hazardous materials workers and similar employees, regardless of rank or pay level, who perform work such as preventing, controlling or extinguishing fires of any type; rescuing fire, crime or accident victims; preventing or detecting crimes; conducting investigations or inspections for violations of law; performing surveillance; pursuing, restraining and apprehending suspects; detaining or supervising suspected and convicted criminals, including those on probation or parole; interviewing witnesses; interrogating and fingerprinting suspects; preparing investigative reports; or other similar work.” These employees often “do not qualify as exempt administrative employees, because their primary duty is not the performance of work directly related to the management or general business operations…” Basically, if an employee, such as a police chief, is out in the city performing the same duties as any other police officer, he or she must be paid overtime for any hours worked over 40.

8. What Is the Definition of Overtime? Overtime, as stated above, is time worked by a nonexempt employee that exceeds the employee’s normally scheduled workweek. Overtime is time worked over 40 hours in a workweek. The workweek should be defined in your personnel policies. 9. May a Nonexempt Employee Waive His or Her Rights to Overtime Compensation? No. All nonexempt employees are compensated for all hours worked at the appropriate rate of pay. 10. Can the Supervisor Make a Nonexempt Employee Leave Early on Friday so the Employee’s Total Hours Will Not Exceed 40 in the Workweek? Yes. This is one method to effectively manage work time and the budget. In addition, the city may have a policy that allows for compensatory

The KLC Member Legal Services Team works with municipalities daily on human resources issues. For more information on exempt versus nonexempt, check out the Department of Labor website at www.dol.gov/elaws/overtime.htm and chapter 11 of the 2015 KLC City Officials Legal Handbook. For specific legal questions and for a checklist to assist in determining classifications, contact Andrea Shindlebower Main, KLC personnel services specialist. klc.org | 800.876.4552

Human Resources

Discrimination Claims Are Going Up What Can Employers Do to Prevent Them? by Jessica Miller, KLC Training Manager/Attorney

Based on a recent Kentucky Human Rights Commission article, the number of people claiming discrimination is up 30 percent over the previous year. Does this mean that discrimination in Kentucky is on the rise? Thankfully, no. Much of this seems to be occurring from an increased awareness aimed at employees. Increased awareness is a good thing, as long as you are the one with the information. Employers need to be certain that they remain aware of discrimination laws and that they are informing supervisors of all the issues that can turn into liability claims. Ignorance of the law is never an excuse. What Is Discrimination? Discrimination is defined as “the unjust or prejudicial treatment of different categories of people.” In relation to employment, these “different categories” are defined in federal, state and even local law. Specifically, the federal law, more commonly known as the federal Civil Rights Act, includes the categories of race, gender, national origin, color, religion, age (over 40), and physical and mental disabilities. The state law, found in KRS 344 and known as the Kentucky Civil Rights Act, includes all of the categories encompassed in the federal law as well as the categories of smoker and nonsmoker. In addition to protected categories at the state and federal level, protection can also be enhanced at the local level. Several Ken-

tucky cities, including Covington, Lexington, Louisville, Vicco and Morehead, have passed what are known as fairness ordinances, which provide an additional protection against discrimination based on sexual orientation or marital status. When Can Discrimination Occur? Discrimination can occur at any time during the employment relationship. It can occur even before the employment relationship occurs, such as in advertising, or during the application or interview process. For example, an advertisement that contains the phrase “Looking for recent college graduate” can be seen as discriminatory against persons over the age of 40.

Once hired, employees can be discriminated against during the training process, promotion process or compensation process, or even within the workplace environment. Basically, discrimination can occur in any aspect of employment creating a condition that differs between similarly situated employees. What Are the Effects of Discrimination? Many times, the most concerning effect for employers is the costly lawsuits, but that shouldn’t be the only reason that employers are apprehensive about discrimination in the workplace. There are potentially far more serious consequences than just the monetary loss in a discrimination claim. Many other problems might occur, including a drop in

Human Resources

morale and productivity, as well as a loss of trust. Often, the employee affected will take more sick time than usual when trying to deal with the anxiety that is being experienced. Additionally, rarely is the person receiving the discriminatory treatment the only one who is affected; coworkers and other employees within the city will also feel the effects. How Can Cities Avoid Claims of Discrimination? To avoid discrimination, make it clear in your policies what constitutes discrimination and that it will not be tolerated. Make sure that the policies are reviewed frequently to allow for any changes in the law. Not only should this be addressed in the policies, but cities must make certain that supervisors and employees are continually trained on what is expected and what will not be tolerated. Many times supervisors have no

“To deny people their human rights is to challenge their very humanity.” — Nelson Mandela idea what they are doing is wrong. For example, consider a situation in which an employee requests a schedule that allows him or her to be off on his or her Sabbath, but the supervisor refuses to make the adjustment. Another example: A prospective employee with a disability makes a request for an accommodation to complete the application process, which is then denied without consideration. In case policies and training fail, there should be a process in place that employees

can easily use to file complaints regarding discrimination claims. Make sure those complaints are handled professionally, promptly and thoroughly. If a claim of discrimination is found to be substantiated, discipline the supervisor according to your policies in a swift and concise way, and document what happened and what action was taken to correct the situation. As the late Nelson Mandela once said, “To deny people their human rights is to challenge their very humanity.” As employers, cities must increase their awareness of discrimination laws and pitfalls, and do everything they can to provide a workplace free from discrimination and its effects. More information on the federal and state discrimination laws can be found at www.eeoc.gov/laws/types and kchr.ky.gov/about/kycivilrightsact.htm. For questions or training regarding any personnel issues, contact KLC Member Legal Services.

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Human Resources

How Do You FICA? New Rules for FICA Deductions Mean Changes for Your City and Budget by Jessica Miller, KLC Training Manager/Attorney

I will never forget receiving my first “real” paycheck as a dishwasher at a restaurant in my hometown. While I had been unofficially working in the steamy kitchen for as long as I could remember, my “check” usually came in the form of an allowance after my mother cashed her own paycheck (she was the manager). When I turned 15, my pay came in a fancy windowed envelope with a little stub that told me where all my hard-earned money went, and to my surprise, most of it did not go to me. Included on that stub was this guy named FICA. My mother tried to explain the what and why of the tax deductions, but it did not soften the blow that Mr. FICA was getting a large chunk of my $5.25 an hour. Fast-forward 15 years and I still don’t quite understand the mystery around FICA, but I do know that it is not a person but rather the Federal Insurance Contributions Act (FICA). According to the official Social Security website, this deduction is an amount paid by individuals during the period in which they earn wages for purposes of providing them with benefits when they retire. Social Security benefits are made available to retired workers, their spouses and their dependents as well as to disabled workers, their spouses and their dependents. FICA tax is also known as the Social Security tax. In 2014, rumblings out of Frankfort suggested that Kentucky may be facing compliance issues related to the way that the state had been collecting its Social Security taxes. In its calculation of Social Security and Medicare tax liabilities, Kentucky had been using the following formula: Total Wages - Employee’s Pension Contributions = Taxable FICA Wages. Unfortunately, this is not the correct formula for

calculating tax liability. Rather, the state should have been including the employee’s pension contributions in taxable wages. So how in the world did this happen? To understand the problem, we need to understand some basic history relating to these benefits. In 1974, Congress added section 414(h) to the U.S. Internal Revenue Code, which provided a tax break to governmental employers by removing state pension contributions from an employee’s gross income until such time as they were distributed by pension systems. The legislation exempted these payments if the employer deducted and paid the pension contributions directly to the retirement system, or

Employer contributions are not included within “gross income” so they are not subject to FICA or income taxes, but employee contributions are subject to both forms of taxation.

So what does this mean for your city? » No past liability is owed by any governmental entity in Kentucky. » The new FICA calculation will be effective January 1, 2017. As of that date, taxable FICA wages will include the employees’ pension contributions, but the employer can continue to deduct the cafeteria plan expenditures. » Prior to the effective date, your city should be working to plan for this change by implementing and considering the following items: • Plan for the increased expense in your budgeting process for personnel costs. • Make necessary changes in your payroll system to correct the FICA calculation. • Communicate the changes to all impacted employees. This change affects virtually all governmental employers including executive, legislative and judicial branches of state government; all eight of the state universities, including the community and technical college system; and the 1,471 counties, cities and local school districts. The state estimates that the additional annual cost will be approximately $5.7 million for state government agencies alone.

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to use industry terminology, if the employer “picked up” the contributions. Remember, employer contributions are not included within “gross income” so they are not subject to FICA or income taxes, but employee contributions are subject to both forms of taxation. As a result of Section 414(h), many governmental employers, including the Commonwealth, opted to “pick up” the contributions of their employees for the tax benefit. In 1983, after noticing the trend, Congress added a provision to the Code that clarified that any “picked up” amounts would be treated as employer contributions under 414(h)(2) and thus treated as FICA wages subject to FICA taxes. From 1987 until 2014, when calculating FICA tax liability, Kentucky governmental employers continued to use the calculation that exempted pension contributions because of IRS Private Letter Ruling #871803, that states that under Kentucky statutes retirement holdings were not wages that had to be included for purposes of calculating FICA taxes provided they were not “picked up” pursuant to a salary reduction agreement. A great deal of the confusion around this topic comes from misinterpretation of key terms associated with the calculation including what “picked up” and “salary reduction agreement” mean. These terms have been defined through case law and private letter rulings from the IRS. Contributions are considered “picked up” by the employer under Section 414(h)(2) if two criteria are satisfied. First, the employer must specify that the contributions, even though designated as “employee contributions,” are being paid by the employer in place of employee contributions. The second criterion is the contributions by the employer are mandatory and the employee does not have the option of receiving the amounts directly as wages instead of having them paid to the pension plan. A “salary reduction agreement” includes any arrangement in which there is a reduction in an employee’s salary in exchange for the employer’s contribution of the amount of the reduction to a pension plan on the employee’s behalf. This “agreement” does not mean an individual negotiated contract, but rather can be by mutual agreement.

New FICA Calculation Timeline » June-July 2016: Make sure to plan for any increased costs associated with the new FICA calculation during your budgeting process for 2017. » August-November 2016: Make sure your payroll administrator is aware of the new FICA calculation and has a plan to implement the change. » June-December: Make sure to inform all affected employees that the new FICA calculation will result in a reduction in net income due to the additional tax withholdings. To ease the burden, explain to employees who participate in Social Security that the additional contributions will result in increased Social Security benefits upon retirement. Also, it’s important to keep in mind that for income tax purposes, the employee retirement withholdings continue to be exempt. » January 2017: The new FICA calculation becomes effective.

In 1998, a very important legal case out of New Mexico further defined the 1983 legislation and emphasized the correct withholding calculation included all employee contributions to their pension [Public Employees’ Retirement Board v. Shalala, 153 F.3d 1160, 1162 (1998)]. Since this case, the IRS has been systematically addressing and reversing the Private Letter Rulings that states have been relying upon in their calculations. In 2014, Kentucky’s number was up and IRS officials told state officials that the Private Letter Ruling was no longer valid and that employee pension contributions had to be included for calculating FICA tax liability. Since learning of the calculation error in 2014, Kentucky has negotiated with the IRS on how to comply with the rule. Kentucky was asked to prepare a reasonable plan to change the treatment of pension contributions to bring the state into compliance for calculating FICA and Medicare contributions effective December 31, 2015. Through a series of negotiations, the state has resolved this issue by contractually assuring that no past liability would be owed by any governmental entity and that the new calculation would be effective January 1, 2017. The state has entered into a Memorandum of Agree-

ment with the IRS that as of January 1, 2017, taxable FICA wages will include the employees’ pension contributions, but the employer will continue to deduct cafeteria plan expenditures. This period gives agencies adequate time to plan for a new budgeting process, to make necessary changes in payroll systems and to communicate with all those who will be impacted, which includes employers and employees. This settlement affects virtually all governmental employers including executive, legislative and judicial branches of state government; all eight of the state universities, including the community and technical college system; and the 1,471 counties, cities and local school districts. There is a silver lining in all this mess — for impacted governmental employees, the additional contributions will result in increased Social Security benefits upon retirement. HELP! With specific questions about these new requirements or implementation, contact the Kentucky Finance & Administration Cabinet Division of Local Government Services at 502.564.6879. If you have questions about this article or need additional information, please contact KLC Member Legal Services at 800.876.4552.

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Human Resources

Creating a Drug Free Workplace by Jessica Miller, KLC Training Manager and Attorney, and Andrea Shindlebower Main, KLC Personnel Services Specialist

Kentucky is a proud state. We are all lucky to live in a place known for beautiful horses, bluegrass, basketball and bourbon. However, in the shadows of our strengths lurks an epidemic that has devastated many communities — addiction. Kentucky is not alone in the struggle. In fact, nearly 23 million Americans — that’s one out of every 10 — are addicted to drugs and/or alcohol.1 Addiction is a medically recognized brain disease that occurs when a person cannot control the impulse to use a substance despite negative consequences. These behavioral changes are accompanied by changes in the structure and function of the brain. Specifically, addiction “rewires” the natural reward center of our brains. The human brain registers all pleasure in the exact same way, whether it’s the use of a psychoactive drug, a sexual encounter or a satisfying meal. Dopamine is the “feel good” chemical that is released by our brains that produces pleasure and triggers related effects, such as relaxation and calmness. When someone uses a drug, there is an instant and dramatic overproduction of dopamine, and the brain is flooded with the chemical, which produces the euphoric “high” that users seek. Dopamine is very powerful; in fact, the likelihood that the use of a drug or participation in a rewarding

activity will lead to addiction is directly linked to the speed with which it promotes dopamine release, the intensity of that release and the reliability of that release.2 You may be thinking that drug addiction doesn’t impact your life or your city, but according to the Department of Health and Mental Services, more than 70 percent of active substance abuse users are employed.3 That means that the chances are fairly high that one of your coworkers, supervisors or a customer you encounter may be in the throes of addiction. The impact of addiction in the workplace is vast and in many ways immeasurable. It can lead to reduced output, increased errors, lower work quality, reduced customer satisfaction, higher turnover, criminal activity in the workplace and an increased risk of workplace accidents, which jeopardizes the health and safety of all employees and the public.

There are a wide range of indicators that an employee might be abusing drugs or alcohol or has become addicted. Some common signs include a sudden change in attendance with an increase in absences or tardiness, customer or coworker complaints about an employee’s performance, workplace accidents, lack of motivation or energy, limited attention span, impaired coordination or cognitive skills, slurred speech, or falling asleep on the job. These signs are often accompanied with physical signs of drug use or addiction, which can include weight loss or gain, sweating, change in personal hygiene routine, dental problems, bloodshot eyes, and skin sores or lesions. Make sure to rule out any life events that could be triggering these symptoms, such as family conflict like divorce or a custody issue, loss of a loved one, or financial stress. Remember, not only could these stressors produce similar symptoms to those

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that are present with drug abuse and addiction, but they can also increase the risk that a person will begin using substances. We expect employees to come to work free of their personal issues. However, a personal struggle as all-consuming as addiction will inevitably spill into the professional realm. That is why it is crucial for employees and supervisors alike to understand how addiction manifests itself in the workplace and to have a thorough knowledge of related city personnel policies. Personnel policies should begin by emphasizing in positive terms the need for safety in the workplace and adherence to job requirements and work quality, and go on to cite goals, such as improving safety and productivity.

KLC Drug Free Workplace Video • Meets training requirement for DFWP annual renewal • One-hour in length • Includes collateral links – sign-in sheets and quiz • Free to KLC and KLCIS members The Kentucky League of Cities (KLC) now provides an online learning tool for KLC and KLC Insurance Services (KLCIS) members who are a part of the Kentucky Certified Drug Free Workplace Program (DFWP). If your city or municipal agency participates in the program, administered by the Office of Workers’ Claims/Department of Labor, you are required to provide employees and supervisors a refresher training annually in order to maintain your workers’ compensation insurance premium discount. KLC has created a new online training video that can be utilized to meet these training requirements. This convenient web-based training is being offered as a free tool for KLC and KLCIS members. The presentation material was created by Jessica Miller, KLC training manager/attorney, who is also a Kentucky Certified Prevention Specialist. Log in at klc.org or klcis.org.

When writing or amending policies, cities also need to keep in mind that the laws regarding governmental drug testing policies, unlike those for the private sector, place restrictions on who, what, when and how the testing can be done. Governmental employers must have a compelling justification for testing or risk violation of the employee’s Fourth Amendment rights. Under a city policy, employees can be tested based on reasonable suspicion, postaccident and pre-employment (only after a conditional offer of employment). Random testing, unlike in the private sector, is reserved for those employees who are considered safety-sensitive. These employees have safety-sensitive responsibilities to citizens within the areas of public safety. Examples of such employees include the following: » Police officers » Emergency dispatchers » Firefighters » Heavy-equipment operators » Employees with a commercial driver’s license (CDL) » Mechanics that work on CDLregulated vehicles » Gas pipeline workers » Personnel who drive vehicles carrying senior citizens, handicapped people or children » Lifeguards Before doing any type of testing, a written policy must be in place, and a copy of the policy should be given to all employees at least 60 to 90 days in advance of the start of testing. This allows any employee with a drug or alcohol addiction to seek rehabilitation. And be certain that all employees sign a receipt of acknowledgement that they have received, understood and agree to abide by the policy. Your policy must explain how, when, where and for what reason testing may occur and outline the steps that will be taken to ensure employee confidentiality. The records should be stored and locked separately from general employment records with access to these records only on a strict need-to-know basis. It should also explain the consequences of an employee’s refusal to test, interference in the testing process or a positive test. In addition, it is important that the policy address federally regulated employees (such as CDL) separately. One of the main dif-

ferences is the requirement that federally regulated employees are randomly tested in their own separate pool. The regulations also require that a medical review officer (MRO) review the drug tests before they are given back to the employer. Even though this is only a requirement for federally regulated employees, it is recommended that MROs be used for all the city’s drug testing since they are formally trained and certified.

Lastly, the policy should also set out guidelines for mandatory training for both supervisors and employees. The ability to know the ins and outs of testing can only be ascertained through sufficient training. Remember that lack of knowledge can lead to liability issues that cities cannot afford. A drug and alcohol policy is much more than drug testing in the workplace. An effective policy is a legally compliant policy that provides employee awareness and education, supervisor training, and a plan of action. Taken together, it conveys a full, comprehensive program designed specifically to meet the needs of your city and to set expectations for current and future employees. For more information on drug and alcohol testing, sample policies or training on this subject, contact KLC Member Legal Services. References 1. Overcoming Addiction: Pathways to Recovery. Harvard Health Productions. 2. Ibid. 3. Drugs and Alcohol in the Workplace. National Council on Alcoholism and Drug Dependence (NCAAD). April 2015.

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Human Resources

Obtaining and Retaining the Best Employees by Andrea Shindlebower Main, KLC Personnel Services Specialist

Hiring employees is a time-consuming and expensive endeavor. To cut down on time and expense, make sure that you hire right the first time. Sounds easy enough. Unfortunately, it is not, and time and money are certainly not things that cities have in large quantities. First, how can you make every effort to be certain you are hiring the right employees for your city? Make certain to start off on the right foot. Be prepared for the interview. Review the résumé and/or application, and have questions specific to the job and that candidate ready for the interview. Contact the candidate and tell him or her everything he or she needs to know about the interview. Where will you meet? Who should he or she ask for upon arrival? Where should he or she park? Will there be any applications to fill out at the interview? And finally, let the candidate know when to expect to hear from you. If you cannot stick to that time frame, let the candidate know. Don’t leave that person hanging! During the interview, find out about the candidate’s employment goals for the future. Where does the candidate see himself or herself in the future? Discuss any possibilities for advancement within the city. Discuss where the city is today and where you see it in the future. Explain the city’s mission and how your particular form of government operates. Let the candidate know how he or she will be involved within the city’s plans for the future. If the candidate has worked as an employee for another city or public agency, do an open records request for the personnel file. There is a wealth of information in the form of performance reviews and disciplinary records that can help you decide if this is the right person. Also, ask for references whom you can contact regarding previous work performance. Finally, take your time in hiring the right candidate. Don’t hire someone quickly in hopes

that it will work out. Have a list of “must-have” qualifications. If the first round of candidates is lacking, then cast your net again. In the long run, it could save you time and money by not having to go through this process again! Now that you have the right employees, how can you keep them?

First, communication is key. Take note of not only what you say to your employees but how you say it. Make sure your supervisors are also aware of this concept. Continue talking to employees about where they see themselves in the future. Don’t let them find what they are looking for somewhere else. Another fairly easy thing to do is to always be coaching your employees. Don’t wait for that annual performance review to give employees feedback; by then, it may be too late. If they do a great job, tell them they do a great job. Don’t assume that they know.

Even if they do, sometimes it is good to hear it from someone else. Unfortunately, bad employees tend to take up the majority of management’s time, so make a point not to let that happen. Make sure to set aside time for goal-setting meetings with employees. Goals especially work well with high-achieving employees. It also allows for discussions about the expectations of each other. If good employees fail to meet certain goals, find out why. Are they overworked or stressed, or do they need additional training for their position? Look for growth opportunities for employees. Most employees want new challenges and want to move up in the ranks. If you have to hire for a new position, look at your current employees first. Reward good employees with something other than words. For cities, this can be difficult since you cannot give straight bonuses, but there are ways to reward for performance. Set out tangible guidelines, and reward based on that performance. In addition, you can go to outside businesses to request donations that can be used to provide rewards to employees. Rewards should also be in the form of compensation. City budgets are tight, but to retain the best employees, you need to compensate them as such. If you are not competitive in the market, they will find somewhere else that is. The most effective cities will tell you that the secret to their success is the people who work for them. Be proactive in hiring and keeping the best talent, and you will never regret it. For questions on this or other personnel matters, contact Andrea Shindlebower Main, KLC personnel services specialist.

Human Resources

Performance Evaluations To Do or Not to Do? by Andrea Shindlebower Main, KLC Personnel Services Specialist

Does your annual performance evaluation add value to your employees? Or is it an event that creates anxiety for both supervisors and employees? In most cases, especially when supervisors are not properly trained on how to do an evaluation, it creates anxiety. Some of the issues with annual performance review include the following: » Supervisors do not receive enough training (or any at all) on how to do the evaluation and the importance of doing it right. » Because of a lack of training, supervisors often downplay the employee’s performance problems, or they don’t address the problems at all. » As a result of this, employees think everything is fine when it isn’t, or they are left not understanding what the problem is and how to change it. » Not only is this a problem for the employee, but it is important to note that performance evaluations can be used as evidence in employment litigation to support an employee’s assertion of employment violations, such as discrimination or wrongful termination. To Do: The case for conducting annual reviews is simply that they can be used by managers to identify their top performers and bottom performers, and to motivate the middle-of-the-road performers by advising them as to what they can do to become a top performer. Not to Do: The problem with that rationale is that it typically is based on an assumption that there is a top and a bottom group of performers. With that mindset, some managers and supervisors create artificial categories of deficiencies (“not outgoing enough,” “unable to accept criticism gracefully,” etc.) to ensure that they can populate each performance level. Further, it is the unusually thoughtful and farsighted manager

who takes the initiative to explain to the middle-of-the-deck employee what must be done to rise to the top. What to Do: The alternative, or what can be used along with the performance review, is what is known as frequent meaningful feedback. This includes regular meetings (optimally, at least monthly) to accomplish several things: » Allow employees to have a voice in the relationship with their supervisors » Lessen the anxiety that is a typical result of the anticipation of the yearly event on which all raises, promotions and job possibilities rest » Help bottom and middle-of-the-road performers to understand the steps needed to move toward improvement » Ensure that managers and employees are on the same page when it comes time to make decisions regarding raises, promotions or disciplinary actions To Do It Right: Whether or not a city continues using an annual performance review or moves to a more frequent meeting schedule, the mechanism should include the following elements: » A preset written agenda with actual talking points, which allows both the manager and

the employee to give realistic thought to comments and discussion topics » Objective measurements that are based on current job descriptions that the employee and manager can use to set goals » Concise documentation of the meeting itself, which is made available to the employee for convenient review » Time during the session for productive discussion and honest feedback There’s an important consequence to providing frequent meaningful feedback as opposed to a once-a-year, anxiety-producing meeting: It encourages managers to think of “managing” as an action word rather than just a job title. This new mindset could lead directly to increased employee engagement. It takes sincere attention and honest effort to stay in touch with employees for more than a single scheduled “checklist review.” But teams often emulate their managers, so an investment of time and effort by a manager could very well lead to more effective output from the whole team, who then view the manager as doing more than just the bare minimum. For questions on this or other personnel matters, contact Andrea Shindlebower Main, KLC personnel services specialist.

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Kentucky: The Last Five Years by Sarah Haywood, Guest Writer

A lot has happened in Kentucky since KLC launched Kentucky City magazine in 2011. For one thing, according to the latest U.S. Census, more people live in Kentucky cities than in rural areas. Cities are where things happen and the state of Kentucky and its cities certainly have had a lot to be proud of over the past five years. Lexington’s Keeneland hosted the Breeder’s Cup. Georgetown added production of Lexus vehicles to its world-class Toyota plant. Kentucky communities and Kentuckians have made headlines for all sorts of reasons in recent years, including a new generation of international stars with Kentucky roots. Country star Chris Stapleton, actress Jennifer Lawrence and The Voice winner Jordan Smith join the likes of George Clooney, Johnny Depp and Loretta Lynn as pop culture icons. In January 2016, Kentucky inaugurated Gov. Matt Bevin as the 60th governor. On the local level, the 2014 election cycle brought new blood to communities across the commonwealth with more than 38 percent of our mayors and 33 percent of commissioners and councilmembers being newly elected to office. In May 2015, Kentucky’s own American Pharoah won the Kentucky Derby at Churchill Downs in Louisville. He would go on to win his next big race at Belmont in

New York and be the first horse to win the Triple Crown in 37 years. American Pharoah is only the 12th horse to win the top three races in the sport and joins the ranks of another Kentuckian, Secretariat. Before the Triple Crown win in 2015, Kentucky brought the NCAA March Madness mens’ basketball championship back home to the University of Kentucky in 2012. The next year the University of Louisville, under coach Rick Pitino, brought home the national trophy, their first since 1986. Lou-

TRAIL TOWNS Tracks for Economic Progress by Margaret Buranen, Guest Writer

“WE HAVE MORE MILES OF TRAILS IN KENTUCKY THAN IN ANY OF THE STATES AROUND US,” SAID ELAINE WILSON, EXECUTIVE DIRECTOR OF THE OFFICE OF ADVENTURE TOURISM IN THE KENTUCKY CABINET FOR TOURISM, ARTS AND HERITAGE. Kentucky’s residents and visitors who knew about the state’s trails were using them, but they didn’t usually venture off of the land or water trails into nearby towns. They didn’t have a way to find out what these towns have to offer. “The towns have not had a relationship with the trails,” Wilson explained. “Tourism is capturing those trail visitors for a weekend or overnight.” When that happens, the visitors can combine their outdoor adventures with activities and events unique to each community. And while they’re doing this, they will add to the economy of adjacent towns. “They’re eating in your community. They’re learning about your community, visiting its attractions,” Wilson said. “It’s not just the outdoor adventure but the local experience through history, art, music or plays, restaurants.”

KYC

Gov. Steve Beshear and First Lady Jane Beshear marked the path for the Trail Town Program as they announced its establishment on August 22, 2012. Speaking in Livingston that day, the governor described Trail Towns as “a designation and assistance program that will help these communities connect the dots for travelers and guide them to trails, food, lodging, campgrounds, museums, entertainment and other services.” Beshear added, “The Trail Towns program will become a major part of our adventure tourism effort and will help communities improve their tourism economy. This will mean more jobs and businesses for small communities and more tourism opportunities for the entire state.” The benefits of becoming a certified Trail Town are considerable: detailed listing in

the adventure travel section of the Kentucky website, signage on the interstates, inclusion in state tourism marketing campaigns, and advice from Fish and Wildlife and other state government departments. “We’ve got a lot of resources, and we’ve packaged all of them in one program,” Wilson said. One resource is help in forming partnerships so that Trail Towns can qualify

Dawson Springs wayfinding signage

for additional funding, such as the grants from Kentucky’s Cabinet for Health and Family Service for making communities more walkable. Another source of trail-related grants is trail user organizations, such as the Kentucky Horse Council. The Horse Council gave the Sheltowee Trace Association a $1,500 grant to help renovate an old brick schoolhouse into a Trail (construction and maintenance) Training Center. The Horse Council gave Olive Hill, Manchester and Livingston $1,000 each. The funds were for adding horse-related features, such as hitching posts, round pens and water troughs, to trail heads. Wilson said Kentucky’s Trail Town program has attracted attention from tourism professionals elsewhere. “There’s not a state around us that has not asked about our program,” she said. “People from Minnesota to Florida have asked to use our program.” The first official Kentucky Trail Town was Dawson Springs. Livingston, Morehead and Olive Hill followed, in that order. “Currently, we have 28 towns that have applied and are actively seeking certification,” said Seth Wheat, assistant in the Office of Adventure Tourism. “Outside of those 28, we have roughly 10 more that have expressed interest in the program but have not yet officially applied.” The process of gaining certification as a Trail Town typically takes about one-and-ahalf years to two years. Wilson predicted that most of the towns that have applied will earn certification later this year. To become a certified Trail Town, “You’re literally developing a destination,” Wilson said. “You’re turning your town into a destination for outdoor adventure. It takes time to educate your community and to gather education from your community that you want to showcase, to create a plan to develop and recruit businesses that will help you become a good adventure destination.” Qualifying for certification is a grassroots effort in every community. Wilson noted that most of the people who serve on the local committees are not avid trail users themselves, but they care about their towns and see the value of becoming a Trail Town. “It’s a process that involves a whole lot of people voicing their opinions and listening to each other, then figuring out a way to pull it together,” said Jill Hatch, grants writer for the City of Jenkins.

She adds, “Everybody won’t get what they want, but without everybody’s input, we’d be nowhere. It’s definitely a community project.” The certification process is “a lot of fun to go through, but it’s a lot of work,” Wilson said. “We encourage them to use state resources, such as the Kentucky Arts Council, so that local artists are involved.” “The application asks if a town has gotten in contact with all local artists,” Hatch said. “Jenkins is part of National Endowment for the Arts grants through Appalshop, so the two artists here will create murals.” The reason for including artists, Wilson explained, is that “Visitors want authentic, local art and local foods. Towns need to get

local artists’ work into local businesses. The Kentucky Department of Agriculture works with us to get Kentucky Proud® products into local stores.” Applicants have to consider what their town already has, or would need to add, to attract visitors who are in the vicinity as they travel along a trail for recreation. The trail could be for hiking; riding bikes, horses or ATVs; or kayaking or canoeing. “We realized that if cyclists will be coming from the trail, then we need bike racks and public restrooms,” Hatch said. Wilson said visitors are on the trails mornings and afternoons, so “You have to have something at night for them to do, some entertainment, such as community theaters.”

Morehead Ceremony Officials and Task Force with interstate sign

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For more information about Trail Towns, check out the article in the May/June 2015 issue of Kentucky City.

KENTUCKYCITY Timeline

Chapter 9

WHO ARE YOU? KLC Elected City Officials Demographic Study Summary by Terri Johnson, Senior Marketing and Communications Manager Research Study by Courtney Ward Goodpaster

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To better understand the demographics and needs of Kentucky League of Cities members, KLC conducted a survey of city officials in spring 2011. The survey was completed, analyzed and reported by Courtney Ward Goodpaster, a Master of Public Administration degree student at Morehead State University who interned for KLC’s Members Services Department. The study of more than 400 respondents was conducted online and in person during the 2011 City Officials Academy events in Cave City and Lexington, Kentucky. Results were not surprising, but they did reinforce the quality of municipal leaders in Kentucky.

For instance, local elected city officials are well-educated. Among all Kentuckians, 17.1 percent have college bachelor’s degrees.* The majority of all local elected city officials who responded to the survey have at least some college education. Forty-seven percent of men surveyed and 35 percent of females have four-year college degrees. Twenty percent of both males and females also have attained a master’s degree or higher. While most local city officials take very little in the way of a salary, they are financially successful people. The majority of respondents listed a household income ranging between $60,000 and $89,999. More than 24 percent have household incomes between $90,000 and $119,000, and 14.9 percent listed incomes of more than $119,999. The survey’s sample population was 70 percent male and 30 percent female. According to the U.S. Census Bureau, the Kentucky and national population distribution is nearly 49 percent male and 51 percent female. Comparing the population sampled and Kentucky’s gender distribution, Kentucky’s elected city official positions are shown to be dominated by males. Thirty-four percent of commissioners/council members are female, but only 21 percent of mayors are female. Approximately 52 percent of the sample population had a total length of service of four years or less (Figure 1). The most frequently selected responses for the total length of time an individual has served as an elected city official was “less than 1 year” (37.01 percent) and “5-9 years” (25.74 percent). The survey results indicated 74 percent of the survey population was 50 years of age or older. Approximately 63 percent of the population was between 50 and 69 years of age. In relation to elected position held and race distribution, the majority of elected city officials surveyed were Caucasian (91.56 percent), with African-American being the next largest category represented (6.20 percent). Of the 133 mayoral positions surveyed, 94 percent of the positions were held by Caucasians, 3 percent by AfricanAmericans, 1.50 percent by Native Americans and 1.50 percent by others. In the position of commissioner, only Caucasians (96 percent) and African-Americans (4 percent) were represented in the sample population. In the position of council member, Caucasians (89 percent), African-Americans (8.64 percent) and Native Americans (2.3 percent) were represented in the sample population. Robin Cooper, KLC chief member services officer, said the survey results have already helped in developing training, improving communications methods and creating other services to benefit members. “The [study] has now created a benchmark for us and is useful in improving our service to members,” Cooper said. The study also examined communications style and preferences. A full report, information on methodology and a more detailed summary article about the survey can be read or downloaded at klc.org/kycity.

Eligibility Requirements for a Chapter 9 Debtor

Bankruptcies on the Rise as

Municipalities Grapple with Recession

Figure 1: Length of Service

37.01% Less than 1 year 14.95% 1-4 years 25.74% 5-9 years 10.29% 10-14 years 5.64% 15-19 years 6.37%

by Samuel D. Hinkle IV, Lea Pauley Goff and J. Kent Durning

49% 30% 21%

20-49 50-59 60+

hile permanent closure isn’t an option for local governments, Chapter 9 bankruptcy filings — available only to municipalities and other public entities — are on the rise. In the 77 years since Chapter 9 bankruptcy was first authorized by Congress, only two other calendar years have seen as many Chapter 9 filings as 2011. In 2011 alone, Birmingham, Alabama; Harrisburg, Pennsylvania; and several smaller cities have filed bankruptcy. Some believe that Detroit may also file in the near future. With reduced revenue and an estimated 35 percent increase of outstanding debt owed by state and local governments since 2005, Chapter 9 bankruptcy filings could continue to climb. While many are likely familiar with bankruptcies under Chapter 7 (liquida-

Figure 3: Male Age Range Distribution

46% 28% 26%

20-49 50-59 60+

* U.S. Census Bureau, 2010

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tion), Chapter 13 (consumer repayment plans) and Chapter 11 (business or higher income individual bankruptcies), Chapter 9 bankruptcies have historically been much less common and bear some distinct differences.

History and Application of Chapter 9 Under Chapter 9, a municipality may seek to reorganize its debts and adjust its contractual relationships. Congress first codified provisions for municipal bankruptcy in 1934, primarily to provide state subdivisions an avenue for relief from unwieldy bond obligations that had exceeded an estimated 7 percent default rate nationally during the Great Depression. Fewer than 650 Chapter 9 bankruptcies have been filed in the 77 years since Congress first enacted a municipal bankruptcy statute.

CONNECT, INFORM & MOTIVATE

local debt officer (positions currently held by the same person). A municipality’s authorization to file bankruptcy is often the biggest hurdle for showing eligibility. Since 1980, a significant number of municipal bankruptcy filings have been dismissed upon a finding that the putative debtor was not specifically authorized to file bankruptcy. The bankruptcy case filed by Harrisburg, Pennsylvania, was dismissed in November 2011 for this reason. Although Pennsylvania has a general statutory authorization for municipal bankruptcy under certain circumstances, the Pennsylvania legislature enacted a separate statute in June 2010 that

Chapter 9 Filings by State Since 1981*

State

# Ch 9 Cases Filed

Nebraska

California

Texas

11 10 10

Arkansas

6 5

Bankruptcy courts cannot order the liquidation of a municipal debtor’s property or adjust any related property rights and

This is part two in a three-part series.

Six states had four Chapter 9 filings FN1

exercise little, if any, control over a Chapter 9 debtor’s finances and expenditures during bankruptcy.

Chapter 9 bankruptcy is available only to a municipality — a political subdivision or public agency or instrumentality of a state. Courts have construed this term to include not just cities or counties but also an array of other public specialpurpose entities or agencies, such as sanitary, water and improvement districts; public improvement projects, such as toll roads or bridges; publicly operated hospitals; school districts; public libraries; and public transportation authorities. These smaller special-purpose municipal entities have more commonly sought bankruptcy relief than have entire cities or counties. (See illustration on page 16.) The common thread among entities found to be municipalities under Chapter 9 is the exercise of some sovereign power or function typically reserved for state instrumentalities.

tional authority to enact laws pertaining to bankruptcy with the states’ rights to make fiscal decisions without federal intervention. (Indeed, Congress’ original 1934 municipal bankruptcy statute was declared unconstitutional two years after its enactment because it potentially interfered with state sovereignty in violation of the 10th Amendment of the U.S. Constitution. Congress enacted a more restricted municipal bankruptcy statute in 1937 that has withstood a similar constitutional challenge.) To protect sovereign rights, the Bankruptcy Code only permits a municipal entity to file a Chapter 9 bankruptcy if it is specifically authorized to do so by state statute or by a public official or body that is empowered by state statute to grant such authorization. Kentucky has a statute — KRS 66.400 — that authorizes a “taxing agency or instrumentality” to seek bankruptcy protection, although that statute further restricts a bankruptcy filing by a county (rather than any other municipal entity) by requiring that it first obtain approval of its proposed bankruptcy plan by the state local finance officer and the state

expressly prohibited municipalities of a certain size from seeking bankruptcy relief until July 1, 2012 — specifically with Harrisburg in mind, according to some commentators. Principles of federalism also limit a bankruptcy court’s authority over a Chapter 9 debtor in other material ways. Bankruptcy courts cannot order the liquidation of a municipal debtor’s property or adjust any related property rights and exercise little, if any, control over a Chapter 9 debtor’s finances and expenditures during bankruptcy. Chapter 9 does give municipal debtors relief from creditor collections provided by the automatic stay and permits them to shed or rework burdensome contractual relationships. Chapter 9 can also provide a debtor easier access to post-bankruptcy financing by giving a post-petition lender a higher priority claim that will more likely be repaid. Insolvency A debtor must be insolvent to be eligible for Chapter 9 bankruptcy — a more restrictive standard for eligibility than under other chapters. Insolvency in this

One state had two Chapter 9 filings FN3 Nine states had one Chapter 9 filing FN4 FN1

AZ, ID, MT, PA, WA, WV

FN2

CO, CT, FL, MS, NY, SC

FN3

FN4

IN, KY, LA, NJ, NM, NC, RI, UT, VA

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

* This data was collected from the U.S. Courts PACER website as of December 5, 2011.

However, the commonwealth has even more to offer residents and visitors alike. Although the following cities vary widely in size, state region and

The chart above shows the different types of municipal entities that have filed Chapter 9 bankruptcy cases since 1981.

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 context generally requires some actual default rather than mere budgetary insolvency or anticipated shortfall. In contrast, debtors under Chapters 7, 11 and 13 may be eligible for bankruptcy protection as a result of balance-sheet insolvency or liquidity problems. Under Chapter 9, any obligation that renders a municipality insolvent must be unconditionally owing and presently enforceable. For example, Boise County, Idaho (population 7,000), filed for bankruptcy relief in 2011 as a result of a $4 million judgment granted against it, with additional interest and attorney’s fees, for violations of the Fair Housing Act. That bankruptcy was dismissed because Boise County was found not to be insolvent because it had not actually failed to pay any debts that had come due and, further, had sufficient funds allocated for other public uses that could have been redirected to pay the judgment.

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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

ct:

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

by Alexandria Lopez, Guest Writer

Illinois Tennessee

Staycations: Short on Travel and

Long on Enjoyment

Alabama Missouri Oklahoma

Six states had three Chapter 9 filings FN2

During an economic downturn, it’s not uncommon to see private-sector businesses opt to file for bankruptcy or even close their doors for good. But the most recent recession, the worst since the Great Depression, has also raised the specter of municipalities defaulting on debt obligations or even being taken over by the state.

Figure 2: Female Age Range Distribution

To be eligible as a Chapter 9 debtor, the federal Bankruptcy Code requires that any eligible municipal debtor (i) be specifically authorized to file bankruptcy; (ii) be insolvent, (iii) have a desire to adjust its debts and (iv) have made some attempt to resolve its disputes and develop a consensual plan with its creditors before filing. Specific Authorization to File Under State Law Chapter 9 bankruptcy invokes unique issues of federalism and state sovereignty that are not as prominent under other chapters of the Bankruptcy Code, juxtaposing the federal legislature’s constitu-

More than 20 years

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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Arts and the Economy: A Perfect Match for Kentucky Communities

hile many businesses still struggle to cope with the lingering effects of recent economic fallout, evidence continues to emerge that proves arts and culture events and the creative industries are strong economic generators for communities large and small across the country. Kentucky is no exception. Every day in Kentucky, the arts contribute to a brighter, more prosperous future. As the creative industries grow and thrive, they create a climate that spurs further investment and attracts new employers to the commonwealth. The Kentucky Arts Council, the state agency responsible for developing and promoting support for the arts in Kentucky, creates opportunities for people to find value in the arts, participate in the arts and benefit from the arts through programs, grants and services. In fiscal year 2011, the Arts Council invested more than $1.7 million in Kentucky communities through its 93 Kentucky Arts Partnership (KAP) grants. KAP grants provide unrestricted operating support to arts and cultural organizations to ensure that year-round participation in the arts is available to all Kentuckians. “KAP agencies are the perfect model for illustrating how the arts are affecting the economies of Kentucky communities,” said Lori Meadows, Kentucky Arts Council executive director. “These agencies provide arts participation in the state but also attract out-of-town travelers to their events. All arts patrons spend dollars at event locales in some form or fashion — whether on travel, restaurants, hotel rooms or other items — as part of their arts experience.” According to a survey recently released by Americans for the Arts, the average American arts patron spends $24.60 per person, per event, beyond the cost of admission. In addition, Meadows said, more than 1,500 people are employed full- or part-time by KAP organizations. Some, like Jenny Wiley Theatre in Prestonsburg and Kentucky Repertory Theatre in Horse Cave, also host seasonal contract workers who boost local economies while actors and technicians live and work in those towns. But Meadows said KAP agencies aren’t the only conduits to arts activities driving economic growth and development. Some Kentucky cities, like Berea, are creating economic opportunities by making the arts integral to their cultural identities. Due in large part to Berea College, the city has long been known for its strong ties to fine arts and crafts. A few years ago, city government and local tourism officials set goals for attracting visitors to provide business opportunities for artists and boost the local economy.

Creative industries have grown to become significant economic drivers in Kentucky. In January 2011, Kentucky had more than 6,700 arts-related businesses employing nearly 25,000 people, according to Dun & Bradstreet. Performing arts, museums and related activities contribute $427 million of Kentucky’s annual gross state product, according to the U.S. Department of Commerce Bureau of Economic Analysis.

by Emily B. Moses, Communications Director, Kentucky Arts Council

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Horse Cave

Belle Jackson, Berea Tourism executive director, said the city’s Festival of Learnshops is one event producing many economic and cultural returns. Now in its second year, the Festival of Learnshops offers two weeks of classes with master craftsmen, artists, musicians, chefs, awardwinning writers and experts in sustainable living. Classes range from introductory to advanced levels, from two-hour make-and-take sessions to a weekend devoted to dulcimer music or organic gardening, or a weeklong concentration in pottery, glass work or creative writing. “This project has allowed us to explore our vision to become a recognized center for education in the arts,” Jackson said. The Learnshops not only provide hands-on experience but also open avenues for artists to diversify their careers and income, all while attracting hundreds of cultural tourists to Berea. The event has more than doubled its offerings in response to its first-year success and is on track to double its participants as well. Jackson said it’s all because city officials, especially Berea Mayor Steven Connelly and City Administrator Randy Stone, lead what she likes to call “a creative government.” Local government supports the event in a variety of ways. It pays for liability insurance for spaces used by artists; rents and leases space for workshops on behalf of artists who do not have studios; provides marketing and advertising; ensures payment to artists whose classes don’t meet the minimum participant requirements; and absorbs credit card processing fees for artists teaching workshops.

Hidden River Cave

The city even sponsored and funded a two-day professional development workshop for Learnshop artists to enhance their business skill sets, further investing in the success of the program. “This event is centered on education, promotes local talent and provides opportunities for overnight stays in Berea,” Jackson said. “This is an investment we are making in our future.” “Yes, you have startup costs, which, at this point, are more than the direct return we have received to date,” she said. “But we have also created more opportunities for artists to generate income all year long. It really is a win-win.” Berea was one of five towns designated as Kentucky Cultural Districts by the Arts Council and Gov. Steve Beshear this year. Part of the cultural district application process is taking a cultural asset inventory. Jackson credits Berea’s asset inventory as part of the inspiration for the Learnshops. However, cities do not need to be part of the Kentucky Cultural District Certification program to assess and utilize their arts and cultural resources, Meadows said. “Arts and cultural assets are not just events and programming, although those are two main components,” Meadows said. “A good inventory includes buildings, shops, infrastructure, artisans, performers and groups, agri-tourism, recreational activities, organizations, restaurants, transportation and more.”

“There are many Kentucky communities that already do a great job of leveraging their arts and cultural assets or heritage,” Meadows said. “Others are just realizing they have opportunities to use local arts and cultural resources to their benefit. The Arts Council exists to support and assist in the development of efforts like these.” Emily B. Moses is the communications director for the Kentucky Arts Council. She has written for newspapers and publications in Kentucky, Florida, Maryland and Virginia. Born and raised in Cynthiana, Kentucky, she is a graduate of Morehead State University, where she studied journalism and theater. Emily lives in Lexington with her husband, Tim, and their five dogs.

“Yes, you have startup costs, which, at this point, are more than the direct return we have received to date. But we have also created more opportunities for artists to generate income all year long. It really is a win-win.” Any city can take inventory of its local arts and cultural assets and identify connections that may provide avenues for tourism or events that will bring visitors to town. A complete list of items that make up a cultural asset inventory is located on the Arts Council website at http://artscouncil.ky.gov/ Opportunities/NEWaboutCulturalDs.htm.

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PIKEVILLE EMBRACED THE FEUD by Terri Johnson, KLC Senior Marketing & Communications Manager

In late 2011, buzz began in Pikeville about History’s Hatfields & McCoys miniseries, starring and produced by Kevin Costner. Six months before the three-part series aired in May 2012, the Pikeville City Tourism and Convention Commission (a commission established by the city) went before the City Commission to ask for unbudgeted dollars to develop and promote tourism experiences around the feud. “We knew it was going to be a big deal,” said Jesse Bowling, Pikeville director of tourism and events, “and we knew we could benefit from our community’s role in the Hatfield/McCoy history.” How did they know? Historical-based Jesse Bowling, Pikeville tourism or “cultural heritage” tourism Director of Tourism is the hottest travel trend in the and Events nation. It primarily attracts families, retirees, educators and historians. Pikeville/Pike County is home to numerous historic sites marking the feud, which primarily played out from 1863 to 1891 when “Devil Anse” Hatfield and “Ole Ran’l” McCoy became synonymous with rivalry, family honor, justice and vengeance. Many of the family members are buried in Pikeville. Bowling researched what the city would need to do to truly make an impact on the community and put together a proposal and plan. The city invested $100,000 with no strings attached because, Bowling said, “they saw it a great tourism opportunity.” So, with tourism potential and, ultimately, tax revenue as its objectives, the city took full advantage of the promotion around the miniseries. And it’s paid off. Since the show aired nearly a year ago, Pikeville has:

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• • • • •

Drawn thousands of tourists from all 50 states and nine different countries Received more than 1 million information requests Averaged 100,000 hits per month on its website, www.visitpikeville.com Developed additional tours and weekend packages with local hotels, restaurants and businesses Attracted new businesses to Pikeville

During the summer and early fall of 2012, hotel weekend occupancy rates in Pikeville increased by 40 percent. City Manager Donovan Blackburn said, “A big part of the reasoning on doing this was to allow us to diversify our economy toward tourism to help offset the economic decline due to changes in the coal business.” He said weekend tourist traffic is up, and bed and restaurant taxes are holding. While the tours have made money, the city opted to use the revenue to build a Hatfield/McCoy monument downtown. Bowling estimates the monument fund will accumulate the estimated $120,000 needed to build within a year. “The best thing about all this is that it’s new tourism business,” Bowling said. “Hatfields and McCoys is now a means to promote all of our other attractions.” Once the city gave him a budget, Bowling opened lines of communication with the Convention and Visitors Bureau, hotels, restaurants and attractions, the county and fiscal court, local businesses, the University of Pikeville, schools and local groups. He said it became a communitywide event. The Pikeville City Tourism Commission developed a logo and branding strategy, worked with county officials to develop a feud-related brochure and worked with media in promoting Pikeville as home to all things Hatfield and

McCoy (in spite of the fact that much of the skirmish was centered across state lines in West Virginia). He also did some specific things to enhance success. For instance, he bought 82 Web domain names associated with the Hatfield/McCoy feud, beefed up the city’s website and tourism website to enhance feud prominence and established a customerservice training program free to any business in the community. By the time the miniseries aired and reaired in the summer, Bowling’s office had expanded efforts, increased part-time staff, purchased a tour bus and hired a special-events company to book tours. The city worked with the company and local historians to develop fully accurate tours about the feud, which Bowling said was historically important. “The miniseries was a drama based on history,” Bowling said. “We wanted to make sure tourists got historical facts when they took one of our tours, so we asked local scholars to serve as resources and as guides.” The city also renamed its 8.5-mile Levisa Fork River trail the Hatfield and McCoy River Trail to tie in with the feud tours and showcase its water and nature attractions. The River Trail offers canoe, kayak and tube rentals and offers guided tours of the Big Sandy River. Pikeville’s already popular Hillbilly Days Festival (April 18-20) is also a great vehicle for promoting the tours and vice versa. “Once we get people here, we want to make sure they see that we are not only an historical community but also offer great family activities and amenities for outdoor enthusiasts,” Bowling said.

The tour company provided day trips to central Kentucky horse farms, Bourbon Trail communities, and Somerset and Frankfort city tours, in addition to its multiple Hatfield and McCoy tours. Bowling said, “We see this as an opportunity to showcase eastern Kentucky and the entire state of Kentucky, not just Pikeville.” The miniseries was the most watched non-sports show ever on ad-supported cable TV with nearly 14 million viewers. It won three Emmy Awards and a Golden Globe (for Costner). Though it’s come and gone, Bowling said the Hatfield and McCoy lure lives on in Pikeville. “For us, this is just the beginning.” Their next Hatfield/McCoy initiative is the highly anticipated Hatfield/McCoy Heritage Days Festival this fall on Labor Day weekend, August 31 through September 2. “The festival has gained tremendous momentum right out of the gate,” Bowling said. The

WATER WORKS Kentuckians Served by Community Water Systems (Utilities) per Year by Andy Lange, Assistant Director, Kentucky Rural Water Association; and Terri Johnson, Senior Marketing and Communications Manager, Kentucky League of Cities

“We see this as an opportunity to showcase eastern Kentucky and the entire state of Kentucky, not just Pikeville.” — Jesse Bowling

state tourism cabinet has picked up the festival and advertised it across the commonwealth and midwest United States. He said one of the best things is how the community, including its young people, has embraced the tourism efforts around the feud. “It’s great to see high school kids wearing T-shirts that promote their community’s history.” “This has been a great boost to our economy, and it’s opened up a new aspect to eastern Kentucky tourism. But it’s also been a source of local pride and just a lot of fun for our citizens.”

Tourists visiting a McCoy landmark

WATER WORKS

SEVEN FACTORS THAT MAKE KENTUCKY A NATIONAL MODEL OF WATER EFFICIENCY

For more information on Pikeville’s city tourism program or the Hatfield and McCoy events, contact Jesse Bowling, director of tourism and events, City of Pikeville, at pikevilletourism@gmail.com or 606.424.6203.

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Is water interesting? Well, yes.

Think about it. It gives life to everything, keeps us comfortable and clean, provides recreation and entertainment, and drives our economy. Water touches every aspect of our lives. Yet most people never think about how and where we get it.

We are fortunate in Kentucky. Our water supply, utilities and water systems are envied by Americans and around the world. In California and Nevada, communities are fighting border wars over who owns the water. In developing countries, people die each day because they don’t have clean water. So water is critical. Vital. Powerful. And something most of us take for granted. What do you really know about water in Kentucky? There are several contributing factors that have led to a successful environment for water and wastewater utilities within the commonwealth. They include our climate and geography, federal and state laws, funding sources, planning, advocacy and service groups such as the Kentucky Rural Water Association (KRWA), and a progressive natural consolidation of smaller facilities into larger public utilities. One thing is for sure. Cities play a huge role in the provision of water. More than 95 percent of Kentuckians were served by a community water system in 2012.

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Our Utilities in Kentucky Utilities (water, wastewater, stormwater, natural gas, electric and/or telecommunications) in general are a huge operational and infrastructure cost for cities and other governmental entities. In 2011, Kentucky cities spent $2 billion on utilities with almost $550 million on equipment and construction and nearly $230 million in Kentucky debt payments. While this is a massive averages amount of money, Kentucky utilities around 46 are some of the nation’s most efficient. inches of rain There are 419 public water systems each year. in Kentucky and 151,087 nationwide. There are 369 community water systems (utilities) in Kentucky compared to 50,144 nationwide.

Year 1999 2001 2004 2006 2012

Number of People Served 3.3 million 3.5 million 3.75 million 3.8 million 4.105 million

Percentage 85% 87% 90% 92% 95%

Why does Kentucky have so few compared to other states? The Kentucky Rural Water Association cites several factors that make Kentucky the nation’s model for efficient water management. Some of it is luck, such as the fact that Kentucky has a natural abundance of water sources, but some of it is good management and planning, as well as innovative consolidation practices. In the United States, there are two types of public water systems — community (a utility) and noncommunity. A community water system, or utility, serves 25 people or 15 connections and operates year-round. Municipalities, mobile home parks, condos, residential institutions, housing developments, water districts and associations, and private water systems are considered community utilities. A noncommunity system serves 25 people or 15 connections but operates at least 60 days but less than year-round. These types of systems are typically private water systems in hotels/resorts, schools, restaurants, parks, camps, industries, public buildings, airports, marinas and some medical care facilities. Kentucky has very few of these facilities left due to the growth of community utilities and consolidation.

Drinking Water Systems About half of Kentucky cities operate a public drinking water utility system in the state. City water utilities reported around $370 million in sales in FY 2011 for an average of more than $2 million per utility. During that same year, costs for salaries, operations and

Versailles watertower

capital outlays totaled more than $500 million. These figures do not include benefits paid to employees, the issuance of debt or payments toward debt. Municipal water systems in Kentucky employed around 1,600 full-time-equivalent (FTE) personnel in 2011. There are several types of water utilities, including municipal (sixthclass cities, mayor/council and utility commission), water districts, water associations, investor-owned/private and water commissions.

Wastewater Utilities The utility system that most cities operate is a wastewater or sanitary sewer system. In fact, 53 percent of all cities operate a municipal sewer system. City wastewater utilities reported around $390 million in receipts for 2011. Municipal water systems employed approximately 1,000 FTEs in 2011.

Stormwater Systems Stormwater is the result of precipitation and occurs immediately following rainfall or snowmelt. Stormwater runoff is the precipitation that does not evaporate or is not absorbed by land or vegetation. Instead, it flows off land and impervious surfaces such as pavement and building rooftops. The stormwater runoff typically carries pollutants such as oil and grease, chemicals, metals, and bacteria that accumulate on impervious surfaces. About 19 percent of Kentucky cities operate a stormwater utility to collect and treat runoff. Because drinking water, wastewater and stormwater utilities often have combined operations, cities sometimes report the data together.

STAYING ALIVE Police Training Uses Military Special Forces Rescue Tactics

by Terri Johnson, Senior Marketing & Communications Manager

An abandoned house, a dilapidated barn, a forest thick with trees and bushes and a steady drizzle to add a quiet chill. The setting was like something from a creepy film. And then came the action, complete with gunfire, screams, bloody victims and police responders.

But it was no movie. These were training scenarios — part of an intense, interactive two-day course for Kentucky police officers. Held in Elizabethtown on October 30, the training was the first of several scheduled for law enforcement officers through the Kentucky League of Cities Insurance Services (KLCIS) Loss Control Law Enforcement program. The Law Enforcement Tactical Trauma Course (LETTC) focuses on teaching officers how to keep others and themselves alive in the first few minutes of a severe injury. During the nine different liveaction exercises in Elizabethtown, officers learned how to administer a tourniquet and keep a civilian, a fellow officer or even themselves alive before emergency medical services arrives. “This is the most realistic training I’ve ever seen,” said Sgt. Sabrina Knoop of Louisville Metro Police Department.

The course was developed and is administered by Keary J. Miller, a former U.S. Air Force master sergeant and pararescueman who led search and rescue teams with Special Forces in Afghanistan. Miller received the Silver Star commendation for his work during the Battle of Takur Ghar in 2002. Now living in Louisville, he said he saw a need among law enforcement for tactical trauma training and developed a course through his company, Innovative Tactical Training Solutions (ITTS). A couple of years ago, he asked Mark Filburn and Alex Payne with KLCIS to provide feedback. They

Along with adventure tourism, Kentucky has long offered a trail of another kind — The Bourbon Trail, the experience of the Bluegrass State’s homegrown namesake. The past few years, however, have brought major growth to the industry, bringing bourbon back to the front page in Kentucky news. In a 2014 study, the Kentucky Distiller’s Association (KDA) reported that the state’s gross product contributes 67 percent more than it did in 2012, only two years prior. It also reported a 77 percent increase in jobs over the two years and an increase in payroll for bourbon industry employees. In 2014, the KDA called this growth in bourbon a

kept in touch and eventually created the KLCIS course. According to Miller, 90 percent of all combat deaths occur before the casualty reaches a medical treatment facility (MTF). During the Elizabethtown training, nearly 20 officers from nine police departments participated in an eight-hour field training with nine various shooting scenarios. Students treated a wound three times, treated hypothermia and properly applied a tourniquet more than 20 times. Although targeted at local police officers, KLC plans to open the training to sheriffs’ departments, the Kentucky State Police and federal officers. Fort Knox Federal Security Lt. Ron Rena said he was impressed with the program and is glad it promotes an esprit de corps among officers. “When I cross the gates of Fort Knox, I know we are all in this together as officers,” Rena said. “Having the opportunity for this type of training for local, state and federal officers in Kentucky is outstanding.” For the Elizabethtown class, Miller brought five instructors who yelled to the officers during training and debriefed with them after each scenario. “What kind of treatment can you start?” an instructor yelled to an officer who confronted the “suspect” while the other officer administered aid to a lifelike victim, called a Tomkin mannequin, which weighs 150 pounds, talks and emits blood. Miller describes the Law Enforcement Tactical Trauma Course as a combination of shooting skills and what he calls “dirt medicine.” All of the ITTS course instructors have military-instructed firearms training, military/civilian medical training and military/civilian small-unit tactics training. “We teach officers how to approach an ambush situation by first addressing the

SPECIAL SECTION TOURISM IN KENTUCKY

ANATOMY OF TACTICAL TRAUMA RESPONSE 1) 2) 3) 4) 5)

WHY IS

Plan before I go in Assess the threat Use sound law enforcement techniques and procedures to address the threat Locate and communicate with the patient Treat the injury

threat and then addressing the victim,” Miller said. The objective is to add to the assessment process in how officers approach a situation, both mentally and with added first-aid skills. Miller said that, when an injury occurs, the stress level for the officer and everyone else on the scene is around five times greater. KLCIS Loss Control Law Enforcement Specialist Mark Filburn, who is a former lieutenant with the Louisville Metro Police Department, Jefferson County Police SWAT and the United States Secret Service, said the course gives officers a new set of skills to deal with the stress of an injury on the scene. “If the officer can stabilize an injury to himself or herself or to

SOBERING STATISTICS • A serious injury multiplies the stress level of a police scene five times • Eighty percent of nonsurviving casualties have a core temperature of 34 degrees (hypothermia) • Ninety-three percent of all surgical casualties present with hypothermia • In 2012, there were 120 police officer work-related deaths in the United States, more than 54,000 assaults on officers and more than 14,000 injuries • In 2013, two police officers in Kentucky died in the line of duty

OF THE WORLD? by Maragaret Buranen, Guest Writer

a victim, the officer has far more command of the situation.” “This is a new aspect to law enforcement training in Kentucky,” said Filburn. “In addition to teaching the tourniquet and basic medical skills, it helps officers to have a heightened awareness, communicate with victims and think differently about tactical issues during that split second before they go into a situation.” Participating in the LETTC course is also a good investment. The class is $400 per officer due to the high instructorto-student ratio, the large amount of simunition rounds (paint bullets) and the $30,000 mannequins used during practical exercises. KLCIS is providing additional courses to expose this training to Kentucky law enforcement. Participants walk away with new skills for hostile environments as well as a compact medic bag, which includes a lightweight Velcro tourniquet that can be carried on the officer. Participation in these trainings can also qualify KLCIS-participating departments for insurance discounts. Officers participating in the training said it was unlike anything they’d experienced. “This went so much more beyond what we typically do for training,” Elizabethtown Officer Matt McMillen said. klc.org

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and the University of Kentucky College of Agriculture, Food and Environment. The Kentucky Equine Survey shows “the continued significance of the equine industry to the commonwealth,” said Jill Stowe, UK ag equine programs director and leader of the project. Stowe added that the extensive survey also indicates “that each segment of the industry contributes in important ways to the economy as well as to the rich cultural fabric of Kentucky.”

KENTUCKY THE HORSE CAPITAL

The ITTS Tactical Trauma Course (TCC) course: • Replicates “officer-down” scenarios and builds knowledge of medical procedures necessary for the treatment of traumatic injuries • Teaches response of force-on-force, active shooter and stress inoculation to build officer confidence and skills combining physical law enforcement tactics and medical intervention • Teaches treatment of gunshot wounds, explosions, falls and other injuries that are immediately threatening to life when definitive medical care is not readily available due to the tactical situation • Utilizes several actual officer-down incidents with a focus on what medical strategies should be employed to better treat the injuries identified as the cause of preventable death

Ocala, Florida; Saratoga, New York; and a few other places occasionally try to promote themselves as the “Horse Capital of the World,” but a simple statistic such as how many more horses are in Kentucky soon refutes their overly optimistic claims. 12

KYC

Why is Kentucky truly the Horse Capital of the World? Geology, history and geography are part of the reason. Beneath central Kentucky’s fertile Maury loam soils that grow bluegrass are limestone deposits that make horses’ bones grow strong. Westbound settlers arriving from Virginia via the Cumberland Gap or from Maysville after a flatboat journey on the Ohio River found that Kentucky was on the edge of the frontier. It was the last place to buy or trade for horses to take them westward. Horse trading and selling soon become financially rewarding businesses. With so many pioneer Kentuckians of English, Irish and Scottish descent, horse racing became popular here. That edge of the frontier location means that modern Kentucky is within a day’s drive of two-thirds of the U.S. population, an asset for dominating any

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Photos by Keeneland Association

HOW

Town program is consistently being reached, as 12 more towns in the state have since met the requirements and won designation as a Kentucky Trail Town with 30 more applicants in the pipeline. The 13th and latest designation went to Cumberland, Benham and Lynch, also known as the Tri-Cities, in Eastern Kentucky in November 2015. Cumberland, Benham and Lynch are three historic coal communities in Harlan County. This area offers hiking trails, a zip line and a number of local restaurants and historic sites including the Kentucky Coal Mining Museum and Benham Schoolhouse Inn.

market. And then there are the statistics of dollars and numbers and diversity of horses here. Horses are big business in Kentucky, delivering an economic impact estimated at $3 billion. The total value of the state’s equine and equine-related assets (including more than 240,000 equines, 35,000 horse-related businesses and 1.1 million acres of land) adds up to more than $23 billion. Those figures are from the 2012 Kentucky Equine Survey conducted by the Kentucky Horse Council Photo by James Shambhu, Kentucky Horse Park

isville defeated Michigan State 82-76 to win the 2013 championship. Kentucky tourism in particular has grown in the past few years, significantly among adventure destinations and bourbon attractions. In 2012, then Gov. Steve Beshear announced the Kentucky Trail Town program, designed to help smaller communities throughout the state attract visitors for their adventure tourism opportunities. The first town to win the Trail Town designation was Dawson Springs in 2012. “Trail towns is a designation and assistance program that will guide travelers to trails, food, lodging, campgrounds, museums, entertainment and other services. The designation will help communities improve their tourism economy, add more jobs and more tourism opportunities for the entire state,” according to Kentucky Tourism’s official website. So far, this goal of the Trail

Thinking of horses in Kentucky usually means thinking first of thoroughbreds. The Kentucky Derby at Louisville’s Churchill Downs is the state’s biggest annual public event. Lexington’s Keeneland showcases the thoroughbred, both in racing and in several multimillion-dollar sales per year. Thoroughbreds account for 54,000 of Kentucky’s 242,000 horses. Quarter horses, which are the most popular breed of horse in America, number 42,000. The next numerous breeds are Tennessee walking horses (36,000); American saddlebreds (14,000); mountain horse breeds, which are favorites for trail riding in eastern Kentucky (12,500); and standardbreds (9,500). The Kentucky Equine Survey also counted donkeys and mules (14,000), miniature horses (7,000) and ponies (7,000). Paints

SHELBYVILLE AND SADDLEBREDS There’s a “Horse Capital of the World within the Horse Capital of the World.” Shelbyville, in Shelby County, claims to be the Horse Capital of the World — for the American saddlebred. Shelbyville’s claim is justified, for it has more than 80 farms, riding facilities and other businesses directly related to one of the most beautiful breeds of horses. The American saddlebred was the first horse breed developed in Kentucky. Its ancestors include thoroughbreds and the American horse, an early type of light riding horse favored by Daniel Boone. Later breeders added a gaited breed, the Narragansett pacer, and the Morgan. These spirited horses, known for the smooth rides they gave, became known as Kentucky saddlers. Early saddlebred farms established during the 19th century in Shelbyville and nearby Simpsonville included the beautiful Undulata. In recent years, it has been restored by Edward Bennett, a knowledgeable saddlebred horseman. In the late 1950s, Helen and Redd Crabtree established their stable near Simpsonville. The excellence of the horses they bred and their show wins attracted many other saddlebred trainers and breeders to Shelby County. Kim Skipton, curator at the American Saddlebred Museum in Lexington, said, “Shelbyville is just a nice community. People there appreciate the saddlebred industry.” Saddlebreds do the usual walk, trot, and canter, plus the slow walk and the rack, a fast, high-stepping gait. They can be used for pleasure and trail riding, jumping and driving, but they are most exciting to watch as they perform in the show ring. At its recent national convention, the American Saddlebred Association revealed a new logo for these fine horses: America’s Spirited Beauty. A new video showcasing the saddlebred’s beauty and versatility is online at www.youtube.com/ watch?v=Z-3vR1uU_dI&feature=youtu.be. Sources: Kim Skipton; www.asha.net

EQUINE USAGE IN KENTUCKY Trail and pleasure riding ........................... 32.8% Broodmares and stallions ...........................17.3% Idle, not working....................................... 13.6% Competition/show ......................................10.1% Yearlings, weanlings, foals ........................... 9.5% Racing ......................................................... 6.1% Work or transportation ............................... 5.2% Other activities............................................ 5.4% (therapeutic riding, riding lessons, etc.) Source: Kentucky Equine Survey (UK College of Agriculture and Kentucky Horse Council)

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WATER SECURITY Director of National Intelligence James Clapper recently said on National Public Radio (NPR) that water threats are emerging as one of our most important national security issues. Attacks on the online systems management and automation of water facilities are growing concerns as all types of cybercrimes increase. Since 9/11, utilities security has been substantially enhanced. Any city that operates a water facility is well aware of federal security requirements for water systems. Brian Dickey, Kentucky League of Cities Insurance Services (KLCIS) director of loss control, said, in

addition to meeting all those requirements, such as having gates, locks and other entry deterrents, the overwhelming majority of systems in Kentucky insured by KLCIS also have on-site surveillance. However, the lesson here is not just to consider the physical security of your facilities but also to continuously evaluate online management aspects associated with your water sources and delivery. Cyberthreats not only affect utilities but all types of data and operations and will be a topic of discussion at KLC’s upcoming annual Conference & Expo (see page 25).

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munities not just survive but thrive in the 21st century. Kentucky cities have consistently topped all sorts of media, online and publication lists, from best places to start small businesses to best places to raise a family or retire, not to mention a couple for barbecue! The City of Louisville has become a part of the resurgence of bourbon. It is establishing itself as a starting point, a gateway, for bourbon country and the Bourbon Trail. In Kentucky, people can find history, outdoor adventure, wildlife and waterfalls, music and art, bourbon and basketball — and a few surprises in between. It’s a golden age, and the next five years look bright.

Triple Crown Winners: Sir Barton 1919 Gallant Fox 1930 Omaha 1935 War Admiral 1937

Whirlaway 1941 Count Fleet 1943 Assault 1946 Citation 1948

“golden age,” as the Kentucky Bourbon Trail has expanded and flourished. Bardstown, the “Bourbon Capital of the World,” holds six of these distilleries that make Kentucky’s signature whiskey and is a primary destination of the Kentucky Bourbon Trail. In 2013, it was named the “Most Beautiful Small Town in America” by Rand McNally and USA Today’s Best of the Road competition, and Travel + Leisure says “America’s Most Beautiful Town Square” is right downtown.

Coming of Age

A Primer for Understanding Generational by John W. Martin and Matt Thornhill, Guest Writers

Members of the same generation, by definition, have shared many of the same formative experiences that set them apart from other generations. Did they live through times of war or times of peace? Did they come of age in an era of prosperity and rising expectations, or a period of economic turmoil and broken dreams? Were their families large or small? Were the heads of most households a mom and a dad, or did most have some combination? Was the dominant media in a generation’s childhood TV, computers or mobile? Did their cultural icons include the Rolling Stones, Nirvana or Justin Bieber? Because each generation comes of age at a unique time and place in history, they share experiences that shape their worldview. Generational distinctions are not psychological, but sociological. This primer gives you a starting point for better understanding Boomers, Gen Xers and Millennials today.

Coming Shifts In a 2014 survey, city officials identified a wide range of topics affecting municipalities today and in the future, 10 years from now. The Virginia Municipal League identified several key areas that affect not only cities in Virginia, but across the country. The question

for city officials is “so what?” for each coming shift. That is, what exactly should local government leaders be doing now? The following changes will have implications for both large and small cities and city leaders. Infrastructure shift: By most accounts, much of the infrastructure in the United States — roads, bridges, buildings and water/wastewater — is in serious disrepair. As these critical systems continue to age and deteriorate, governments at all levels are struggling to pay for maintenance and upkeep, not to mention investments in much-needed upgrades and new projects. Alternative ways to finance these types of projects are popping up across the country and need to come to Virginia. Education and workforce shift: Budget cuts have caused problems for most public school

Divides

systems today. What are the future prospects for additional funding; bolstering Science, Technology, Engineering and Math (STEM) Education; re-examining the importance of standardized testing; sparking innovation; ensuring opportunity for all; and strengthening the teaching profession? For it is through education we will prepare the workforce of tomorrow. At the same time, while older Boomers may remain in the workforce beyond age 65, experts are predicting a worker shortage. Attracting and retaining Millennials (those 32 and younger in 2015) will become more and more important to ensure a readily available workforce in the future. Economic development shift: The days of attracting companies in order to attract people is evolving as Millennials more often select where they want to live and then seek employment. More and more economic development models of the future will include intentional “placemaking,” creating communities that attract Millennials and employers. Sustainability and resiliency shift: The concept of sustainability is based on the premise that people and their communities are made up of social, economic and environmental systems that are in constant interaction and that must be kept in balance if the community is to continue to function to the benefit of its residents — now and in the future. In practice, the pursuit of

sustainability is fundamentally a local endeavor because every community has different social, economic and environmental needs and concerns. Communities that want to pursue sustainability try to maintain and, if possible, enhance the quality of life for residents; enhance local economic vitality; promote social and intergenerational equity; maintain and, if possible, enhance the quality of the environment; incorporate disaster resilience and mitigation into its decisions and actions; and use a consensus-building, participatory process when making decisions. Branding shift: More and more cities and towns are focusing on improving their community image and reputation by more effectively branding themselves, finding a unified messaging platform to help build community pride and recruit newcomers and tourists. How can a municipality change its image and reputation effectively and efficiently in light of other priorities? What new municipal marketing techniques can be used to shape tomorrow? Public sector workforce shift: Municipalities will need to develop strategies and tactics to attract and retain Millennial workers. Transportation and mobility shift: Autonomous cars from Google, ridesharing from Uber, and changing preferences of young Millennials and older Boomers are redefining mobility. The challenge ahead is not in building more roads to move cars, but in developing enticing ways to move people. In the future, people will seek neighborhoods and even communities that provide a range of options for getting around. What do you need to know and what should you be doing today to get ready for the “car lite” lifestyles of the future? Leadership, engagement and purpose shift: The ability and ease at which Millennials connect using mobile technology

OUTLOOK

Looking Ahead The great architect, Frank Lloyd Wright, loved fast cars and driving without regard to traffic laws or signs. What made his wife especially nervous to ride with him is that he also removed the mirrors. He didn’t remove them because the rear view mirror blocked his view out the front windshield. To his discerning eye, the side mirrors did not even ruin the lines of the car design. His reason was far simpler: He steadfastly didn’t care where he had been; he was only interested in what was ahead. For all cities and counties across Kentucky, what’s coming is change. It will get here sooner than you might think — in 10 years.

That’s because over the next 10 years the shapers of our society and culture will undergo a generational shift. The Boomer generation, shapers of the last 40 years, will reach their next stage of life at age 65 and beyond, turning over the reins first to Generation X, then to the Millennial generation, who by then will be primarily in their 20s and 30s. Fundamentally, these generations are different, with different worldviews mindsets and very different ways of communicating. The next issue of Kentucky City magazine will include articles on Millennials and Generation Z, the youngest members of our workforce.

Optimistic Driven

Free Agent

Spenders

Debtors

Pay your dues

Millennials Confident Goals Savers?

Competence

WORK/LIFE BALANCE

Work is life

Work to live

MEDIUM

Computer

ORIENTATION

Self-centered

Self-reliant

Egalitarian Integrated Mobile

Kentuckians from all walks of life are no strangers to the scourge of drug abuse and the devastating impact such abuse can have on friends, family members, colleagues and loved ones. Over the past two years, so many deaths have been attributed to heroin overdoses that both citizens and state lawmakers commonly refer to heroin abuse in Kentucky as an “epidemic.” The urgency to pass meaningful legislation to combat heroin abuse in the commonwealth of Kentucky bubbled to the surface during the 2014 legislative session. However, despite the outcry from the public at large to address the heroin epidemic, state lawmakers could not reach a bipartisan agreement on the ways in which to tackle the problem. Over the course of the last year, as the number of reported overdose deaths continued to rise, local officials and constituents throughout the commonwealth ratcheted up their calls for proposed solutions to address the heroin abuse that plagued their communities. Entering the 2015 legislative session, state lawmakers made addressing the heroin epidemic a top priority for the state legislature.

Collective self

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Passing significant and transformative legislation often proves difficult in Frankfort. In a short 30-day legislative session, the slightest hiccup can lead to the derailment of the most well-intentioned bills. Throw in gubernatorial politics and two historic snowstorms, and the fate of the heroin bill seemed in peril throughout much of the 2015 legislative session. Fortunately, bipartisanship and the spirit of compromise won the day as leaders from both the House and Senate, Democrat and Republican, came together in the end to support Senate Bill 192. SB 192 truly embodied a comprehensive approach to tackling one of Kentucky’s deadliest problems. State lawmakers took key provisions from each chamber’s respective heroin bills — Senate Bill 5 and House Bill 213 — and combined them into SB 192 in order to

The legislation includes an appropriation of $10 million in fiscal year 2015-2016 for implementation of the above programs. The secretary of the Justice and Public Safety Cabinet is directed to determine the distribution of the funds.

Affairs Communications Manager

About the authors

Skeptical

WORK ETHIC

State Lawmakers Pass Comprehensive Approach to Battle Deadly Problem by Tyler Campbell, KLC Governmental

• To the Department for Public Advocacy to provide supplemental funding for social worker positions to develop individualized alternative sentencing plans • To the Prosecutors Advisory Council to enhance prosecutions in controlledsubstance cases

Administration of Naloxone

John W. Martin is the president and CEO of the Southeastern Institute of Research Inc., a 50-year-old full-service marketing research firm headquartered in Richmond, Virginia. Matt Thornhill, founder and president of GenerationsMatter, is a leading national authority on Baby Boomers. Recent consulting work includes projects for the cities of Richmond and Norfolk. National clients include AARP, Google, NASA, the Federal Reserve Bank of Richmond and Walmart. Visit sirresearch.com or generationsmatter. com for more information.

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Heroin Epidemic

(Excerpted from Virginia Town & City, the magazine of the Virginia Municipal League.)

Gen X

VIEW OF MONEY VIEW OF LEADERSHIP

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Resources: • www.kentuckytourism.com/articles/ bardstown-ky-americas-most-beautiful-smalltown/69/ • https://harlandaily.com/news/4987/trailtown-official • www.courier-journal.com/story/life/ food/spirits/bourbon/2016/02/10/ does-louisville-have-too-many-bourbonbars/79763700/ • www.huffingtonpost.com/2015/06/06/ american-pharoah-triple-crown_n_7526870. html • www.kentuckytourism.com/links/trailtown. aspx • www.usatoday.com/story/money/business/2014/10/21/distillers-see-golden-agefor-bourbon-in-kentucky/17680731/

Special Section: Workplace Violence

Boomers

American Pharoah 2015

Kentucky cities have made national news for doing things very well in the areas of development and redevelopment. Owensboro’s multimillion-dollar renewal was even featured in The New York Times in the last five years. Lexington continues to invest energy into its downtown and in Eastern Kentucky, people are watching and learning as the region reinvents its economy without coal. Efforts such as Save Our Appalachian Region (SOAR) are intent on helping these mountain com-

Tackling the is redefining how local governments engage and lead the public. How should cities and towns get ready for the new style of electronic engagement? What techniques are already working? Plus, the growth of organizations with a “purpose” — a cause greater than what they do or how they do it — will shine new light on how effective local governments deliver their own “purpose” of serving the public. How can cities, towns and counties better embrace their “purpose” today and leverage it for the future?

Generational Mindsets

Secretariat 1973 Seattle Slew 1977 Affirmed 1978

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move the legislation during the latter days of the session. After meeting several times during the veto recess period, state lawmakers came together and passed SB 192 in the waning hours of the 2015 legislative session. The legislation contained an emergency clause and became effective immediately upon the signature of Gov. Steve Beshear on March 25, 2015. Key provisions of SB 192 are as follows:

Treatment Programs KRS 146.288 is amended by SB 192 to require 50 percent of savings from previously enacted criminal justice reforms to be distributed for the following purposes: • To the Department of Corrections to provide substance-abuse treatment in county jails

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• To the Kentucky Agency for Substance Abuse Policy in the Justice and Public Safety Cabinet to provide substance-abuse prevention programs in county jails; to offer supplemental grant funding to community mental health centers for additional substance-abuse treatment resources; to address neonatal abstinence syndrome by providing supplemental grant funding for residential treatment services for pregnant women; and to provide supplemental funding for traditional substance-abuse programing by the Kentucky Agency for Substance Abuse Policy • To the Department of Corrections for the purchase of Food and Drug Administration (FDA) -approved extended-release treatment for inmates with an opiate addiction participating in a substanceabuse treatment program

KRS 217.186 is amended to: (1) authorize peace officers, jailers, firefighters, paramedics and emergency medical technicians to receive a prescription for the opiate overdose rescue medication naloxone, possess naloxone, and administer naloxone to an individual suffering from an apparent opiate-related overdose; (2) allow pharmacists holding a separate certification issued by the Kentucky Board of Pharmacy to prescribe and dispense naloxone; and (3) permit schools to keep naloxone on the premises for administration by qualified personnel to an individual suffering from an apparent opiate-related overdose.

“Good Samaritan” Provision A new section of KRS Chapter 218A is created to provide immunity from prosecution for possession of a controlled substance or drug paraphernalia by a person who seeks emergency medical assistance for himself or herself or for another person suffering from an apparent drug overdose. If emergency medical assistance is sought for another person, the person seeking assistance must remain with the individual experiencing the apparent overdose until the requested assistance is provided.

Criminal Penalties New sections of KRS Chapter 218A: 1. Create the offense of importing heroin into Kentucky with the intent to sell or distribute the heroin, which may be charged as a separate offense in addition to other violations of KRS Chapter 218A occurring during the same course of conduct. Importing heroin is a Class C felony with a requirement to serve at least 50 percent of the sentence imposed.

“Increased film production in Kentucky means a boost to local economies and an opportunity to highlight the Bluegrass State on both big and small screens across the world.” — Gov. Steve Beshear

2. Create the offense of aggravated trafficking in a controlled substance in the first degree when a person knowingly traffics in 100 grams or more of heroin. Aggravated trafficking is a Class B felony with a requirement to serve at least 50 percent of the sentence imposed. KRS 218A.1412 is amended to revise probation and parole eligibility for certain drug offenders: 1. Persons convicted of a Class C felony or higher for trafficking in a controlled substance must serve at least 50 percent of the sentence imposed 2. Persons convicted of a Class D felony for trafficking in less than 2 grams of heroin while possessing more than one item of drug paraphernalia, which indicates the trafficking to have been a commercial activity, must serve at least 50 percent of the sentence imposed KRS 218A.1414 is amended to increase the penalty for trafficking in schedule IV or V controlled substances from a Class A misdemeanor to a Class D felony for trafficking in more than 120 dosage units. KRS 218A.500 is amended to exempt from a charge of possession of drug paraphernalia any person who declares to a peace officer the presence of a needle or other sharp object prior to a search by the officer of his or her person, premises or vehicle.

Needle-Exchange Program KRS 218A.500 is amended to authorize local health departments to operate a substanceabuse treatment outreach program that allows participants to exchange hypodermic needles and syringes. A program must first be approved by the legislative body of the city in which the program would operate, if located in a city, and the legislative body of the county in which the program would operate. Approval may be revoked at any time.

Other Provisions 1. KRS 72.026 is amended to require coroners to notify the commonwealth’s

attorney and a local law enforcement agency in the circuit where the death occurred if the death resulted from the use of a Schedule I controlled substance, along with the types and concentrations of Schedule I drugs detected. 2. A new section of KRS Chapter 205 is created to require the Department for Medicaid Services to provide a substanceuse disorder benefit that includes a broad array of treatment options for persons with heroin and other substance-use disorders. 3. A new section of KRS Chapter 216B is created to require persons admitted to a hospital emergency room for treatment of a drug overdose to be informed of available substance-abuse treatment services.

The Department of Criminal Justice Training (DOCJT) is directed to offer voluntary in-service training on the topic of heroin for law enforcement officers employed by agencies that utilize the department for basic training of recruits. The training must include instructional material on the detection and interdiction of heroin trafficking, the dynamics of heroin abuse and available treatment options for addicts. At least one course must be offered in each area development district by December 31, 2015. State lawmakers should be commended for reaching consensus on such a highly publicized and complex issue. The quality of life of every Kentuckian is impacted by the heroin epidemic, and SB 192 offers law enforcement officials and local leaders a comprehensive approach to battle heroin abuse in their own communities. While this legislation will not end heroin abuse in Kentucky, SB 192 represents a significant step toward stemming the tide of the heroin epidemic that has ruined the lives of so many Kentuckians. As citizens, we may not recognize the full benefits of SB 192 for years to come. However, if SB 192 prevents one person from dying as a result of a heroin overdose or contributes to the recovery of an addict, this legislation may be considered one of the most impactful pieces of legislation to pass Frankfort in some time. klc.org

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Moviemaking by Margaret Buranen, Guest Writer

in Kentucky

Kentucky’s connection to Hollywood tells quite a story.

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entral Kentuckians of a certain age and older still remember when Elizabeth Taylor and Montgomery Clift came to Danville to film Raintree County. The dazzle of moviemaking and the glamour of the film’s two stars (both then top draws at the box office) were the stuff dreams are made of and certainly something that doesn’t happen every year in a Kentucky city. Now some of the world’s biggest stars were born in Kentucky or have ties to the commonwealth: Johnny Depp, Ashley Judd, both young stars of the Hunger Games movies (Jennifer Lawrence and Josh Hutcherson), George Clooney, William Shatner, and the list goes on. Mega-producer Jerry Bruckheimer has ties to Kentucky; and Robert Kirkman, the creator of the vastly popular The Walking Dead franchise, grew up in — you guessed it — Kentucky. That’s enough to make us proud, but what brings filmmakers to Kentucky?

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When a film company comes to a city, “it creates some excitement, especially if there’s a particular actress or actor who’s well known,” said Sherry Carron, mayor of Covington. “From a city’s perspective, it makes us feel good that our city is viewed as cool.” But beyond the glamour and the novelty lies another attraction of movies: the economic benefit to the cities and states where they are made. There’s a ripple effect that benefits diverse businesses that serve the film production company and anyone connected to it. While the economic boost may be only temporary, the caterers, florists, truck and car rental firms, clothing shops, drugstores, hotels, restaurants, and other local businesses are happy with the unexpected revenue. There is also the possibility that, having been featured in one film, a community’s chances of being featured again increase. Carron said “economic benefits depend on the scope of the movie. If they’re here for less than a day, it may not be much, but if they’re here long enough — several days — there’s an economic impact to the city. They’re staying in our hotels. They’re eating at our restaurants. It’s a positive for the most part.”

Being chosen as the location for a movie usually involves a lot of behindthe-scenes work. States rely on film commissions to attract filmmakers. Kentucky’s Film Commission was established some years ago and later languished. It really became active when financial incentives for filmmakers were established in 2009, said Mona Juett, the commission’s director and deputy commissioner in the Department of Tourism, Hospitality and Arts. The Kentucky Film Commission usually has about 15 members and meets as needed, since some members are out of state. Its current chair is Merry-Kay Poe of Louisville. The commission’s members are “people with connections to the film and television industry. They help us spread the word about Kentucky,” Juett explained. Also helping filmmakers learn about Kentucky are people who work as professional location managers. Some of them are Kentucky residents who work in film or TV in the state. Others have retired to Kentucky after careers in the industry in California or New York. Attracting film companies is a competitive activity among states. Kentucky’s biggest competitors are “of course, California, and some other southern states, such as Louisiana and Georgia. They’ve passed some pretty significant incentive packages,” Juett said. According to a CBS News Sunday Morning story aired on May 17, 2015, almost 40 states offer financial incentives to film producers who film in their states. As a result, filming in Los Angeles is down 50 percent since 1996.

Productions “Made in Kentucky” Include:

• Tammy (2014, Louisville) • Where Hope Grows (2014, Louisville) • Runoff (2014, location unspecified) • Second Serve (2012, Louisville) • Ides of March (2011, Newport) • Secretariat (2010, Churchill Downs, Keeneland) • Dreamer (2005, Lexington, Frankfort, Keeneland) • Death Tunnel (2005, Louisville) • Elizabethtown (2005, Crestwood, Versailles, Winchester, Elizabethtown, Louisville) • Seabiscuit (2003, Paris, Keeneland) • The Last Castle (2001, location unspecified)

The Kentucky Tourism Development Finance Authority approved in June the first three film projects to qualify for the new financial incentives. These projects include:

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• A feature film called Permanent by Permanent Pictures LLC that is expected to be filmed this year and spend about $800,000 in Kentucky. • A feature film called The Ultimate Legacy by ReelWorks Studios LLC that will be filmed in Kentucky this year with a projected Kentucky budget of $1.25 million. • A televised sports program called Pro Football Focus Weekly Report to be filmed in northern Kentucky for NBC Sports. The production estimates $1 million to $2 million will be spent in Kentucky. Broadcaster and former NFL player Cris Collinsworth is the owner of the production.

Concerned about the loss of jobs in, and revenue from, his city’s signature industry, Los Angeles Mayor Eric Garcetti has spearheaded the passage of a $330 million incentives package. He thinks this will keep filmmakers working in southern California. A state’s chances of landing film work are greatly increased by the financial incentives it can offer production companies. In recent years, “we have not had a competitive tax incentives package,” Juett said. “Other states changed their financial incentives to where we were not competitive anymore,” said Todd Cassidy, executive director of the Office of Financial Incentives in the Department of Tourism, Arts and Heritage. Juett added, “At the ASC [American Society of Cinematographers] meeting in February, where film industry folk walk around and talk [with people from state film commissions], one of the first things they ask is what incentives a state offers. Other states saw what we

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Are You Ready for the Possibility?

by Terri Johnson, KLC Senior Marketing & Communications Manager; and Andrea Shindlebower Main, KLC Personnel Sevices Specialist

Recent television shows including Justified, Guntucky and Call of the Wildman were or are set in Kentucky. In addition, Pikeville has seen tremendous benefit from the Emmy-winning 2012 History series Hatfields & McCoys. The city invested in creating an entire brand experience around the famous feud and has seen a tremendous boost in tourism.

Domestic Violence

Violence

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Types of Workplace Violence There are several types of workplace violence that can be directed at an employee personally or at the employer or simply be at random.

The government is the employer

most at risk

of workplace violence.

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Good to Know

Good People for City People to Know by Terri Johnson, KLC Senior Marketing & Communications Manager

Stephen Knipper thought he wanted to be a physician. He loves math, science, technology and organization. The Edgewood, Kentucky, native and Covington Catholic High School graduate changed his mind when he took his first political science class at Northern Kentucky University (NKU), where he graduated with honors. It was an NKU teacher, Karen Black, who inspired his passion for politics. Those early life experiences taught him the value of great educators as well as the important role all citizens can play in their community and beyond. Knipper was fascinated by the political process, its structure, and the choices it provides on local, state and national levels. Along with the passion he has for government, Knipper takes a unique and distinctly scientific view of politics. “I look at the Constitution mathematically,” he said. “Our founding fathers used a prime number (three) to establish the separation of powers. Beyond the obvious reason of checks and balances, there was a whole study done explaining why (three) was the perfect number. Not to bore you, but it had to do with splitting the worst aspects of human nature without making things too complex,” he continued. “The Constitutional framework is so simple that it’s paradoxically complex. A simple process, which funnels complex variables into easy-to-understand rules on how to govern. It’s simple and extremely effective and always reminds me of a math equation.” Overlapping interests in public issues and technology led to a successful career in insurance and then in health care and insurance information technology — altogether over 15 years of business and information technology experience with S&P 500 and Fortune 200 corporations, and seven years in health care. Knipper can also relate to city officials and their daily challenges. He was elected to one term on the Erlanger City Council in 2010 and served as co-chair of the Finance Committee. During his tenure, he cut spending without cutting services, thus creating a budgetary surplus equal to nine months of revenue. The city was also able to give all police officers raises. “I believe a focused approach to government can sharpen efficiencies,” he said. In addition, he served as a member of the Kenton County Board of Adjustments. Knipper ran for secretary of state in the most recent election, establishing a statewide profile for himself. Once Gov. Bevin’s administration took office this year, it came calling, and Knipper was appointed as chief of staff for Lt. Gov. Jenean Hampton. The team hit the ground running, with education as one of the lieutenant governor’s biggest and first priorities.

What does he want people to know about the current administration? “A couple of things: These people aren’t afraid of hard work, and you have people in Frankfort who are leaders with the hearts of servants,” Knipper said. “I hope city officials will contact me if I can ever be of service. As Gov. Bevin says, ‘We’re all here to help make Kentucky a better version of itself.’” Knipper and his wife live in Independence and have six children, five of whom are special needs children from China. Editor’s note: Knipper’s wife, Stephanie, is an emerging writer whose first book, The Peculiar Miracles of Antoinette Martin, is set for release by Algonquin Publishers on August 2. It’s an adult fiction story of an autistic girl’s powerful gifts that also put her in danger. The book is receiving widespread excellent reviews! Check out more online or on Stephanie Knipper’s Facebook page.

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City Issue: Health and Wellness

One Community Taking a Stand to Fight

Childhood Obesity by Bobbie Bryant, KLC Community Development Advisor, with the assistance of Elizabeth Steffer, Northern Kentucky Health Department, and S.J. Harris, KLC MPA Student Intern

In 2001, the Williamstown Head Start teachers identified the rise of overweight and obese preschoolers in Grant County and the need for a countywide effort to reduce the epidemic. As mayor of the City of Williamstown, Rick Skinner grew increasingly aware of how far his community was falling short in terms of being healthy. He was so concerned that he joined a group already at work on health and wellness issues, eventually becoming chairman of its coalition in 2013. This coalition is known as Fitness For Life Around Grant County (FFLAG), and its story of success is worthy of sharing.

What was once a worn path is now a freshly paved, 650-footlong and 5-foot-wide walking path. The Humes Ridge to Sunrise sidewalk project is completed. Recent studies have shown that humans need more physical activity than an hour at the gym to combat sitting at a desk all day. Grant County is taking an innovative approach by installing active workstations where students have the option to raise their desk up to stand and work and or to pedal at their desk.

Founded in 2002, FFLAG is a nonprofit organization that has worked to encourage public health in Northern Kentucky. The mission of FFLAG is to educate and bring awareness to Grant County residents about physical fitness and healthy lifestyles through supporting local system, environment and policy changes that prevent children from developing chronic diseases later in life. Grant County is leading by example in addressing problems that are found throughout the state. With encouragement and assistance from the Northern Kentucky Health Department, FFLAG members set about establishing the facts related to Grant County obesity rates. This is what they learned: » Nearly one in four (22 percent) Grant County residents have limited access to healthy foods (County Health Rankings, 2012).

» Only 39.8 percent of students were physically active for a total of at least 60 minutes per day on five or more of the past seven days (YRBS data comparison – Grant County Schools data versus Kentucky state data, 2009). » Grant County children begin their childhood at normal weight, but by 10th grade, more than 35 percent are clinically obese. » Over a quarter (27.9 percent) of Grant County children live in poverty, and 64 percent are eligible for the free or reduced lunch program (2010 Kentucky KIDS COUNT County data). » Many areas in the county are unsafe for children to walk or bike, and play areas are minimal. » Grant County’s per capita income is $19,829, which is lower than that of the state ($23,462) and the nation ($28,155) (U.S. Census Bureau, 2006-2010 American Community Survey). With these dramatic figures, FFLAG decided to focus on combating childhood obesity, focusing on children ages 5 to 18, by increasing physical activity through the installation of play spaces, walking paths, active work stations in schools and complete streets*, and by improving access to fresh produce.

FFLAG received a grant called Investing in Kentucky’s Future from the Foundation for a Healthy Kentucky in July 2013. Board members, community volunteers and community consulting service advisers from the Kentucky League of Cities were at the drawing board for a year to create a three-year strategic plan to improve the health and wellness of Grant County’s youth. This plan became the Starting with Children Initiative. In researching potential solutions to the problem and developing a list of recommendations with cost estimates to bring to the community, FFLAG members talked with local parents, teachers and community leaders about what might be done about the health problems of Grant County children. Ideas poured in from children and adults on how to stem health problems and implement positive change in youth ages 5 to 18. Once ideas were in place, FFLAG members reached out to community partners for matching funds, a requirement of the grant. Determined to see positive change, local businesses, industries, churches, civic organizations and individual volunteers began contributing. The Starting with Children initiative will span three years. The goal of the initiative is to make major changes in the physical environment and policies in the schools and the community. FFLAG is using a twopronged approach to combat obesity among children — nutrition and physical activity. By the end of the three-year grant period, FFLAG will partner with the two local school districts, local governments and community partners to: » Improve and/or create play spaces on school grounds and in public parks » Increase access to water play within Williamstown Lake » Add active workstations to classrooms » Build walking paths on school campuses » Build public sidewalks linking neighborhoods to schools » Incorporate nutritional programs and physical fitness curricula into the classroom » Recommend policy changes related to food and physical activity » Develop a community garden at one of the schools

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City Issue: Health and Wellness

More About FFLAG In addition to the Northern Kentucky Health Department, FFLAG is comprised of local residents, St. Elizabeth Hospital, the City of Williamstown, the City of Dry Ridge, representatives from both Grant County and Williamstown school districts, Grant County Cooperative Extension, Grant County 4-H, Grant County Parks and Recreation, Farmer’s Market, Grant County Fiscal Court and numerous businesses that support its numerous initiatives. FFLAG has a diverse reach in the community with schools, city and county administrations, employers, health care, farmers, the county extension service, law enforcement, and residents offering a different set of skills working collaboratively to bring change to their community. Through partnerships with various organizations, Grant County has been able to influence healthy lifestyle choices into the community. For more information about FFLAG, visit getfitgc.org.

“People are using the playground, paths and workstations. What we’re building is going to be around forever. The trails, playgrounds and sidewalks will create lasting health benefits for our residents.” — Williamstown Mayor Rick Skinner

Year One With funding in place, several initiatives were completed during the first year of implementation, such as installing new playgrounds at two elementary schools and constructing walking paths at four elementary schools, one middle school and one city park. Active workstations have been installed at the high school, and school wellness committees are being formed in all of Grant County’s schools. FFLAG also worked with local elected officials, and Grant County adopted the first countywide Complete Streets policy in the state of Kentucky. Measuring Success A survey was completed by Williamstown and Grant County school districts on usage, benefits and barriers of active workstations; Take10 curriculum; walking paths; and playgrounds. The survey results are currently being analyzed. Outcomes Thus Far The outcomes for the first year include: » Enhancing physical activity environments » Increasing student physical activity minutes while at school

completed. One of them had to show me how nice it was to run on, and it was fun watching him sprint down the half that was dry.” These are quotes obtained from some of the students: » “The spiral slide is my favorite.” » “I like how we have a pretend house under the playground.” » “The basketball goal getting moved inside the playground was a great idea.” » “Our teachers get to play with us more since kids have more to choose from.”

There have been 24 active workstations purchased and incorporated into the Eagle Creek classrooms, which are now at the high school: 11 standing desks, 11 pedal-pushers and two under-desk elliptical machines. Fourteen standing desks have been incorporated into the Williamstown High School classrooms.

» Developing or enhancing school wellness policies » Cities adopting Complete Streets policy » Gathering baseline data “People are using the playground, paths and workstations,” Williamstown Mayor Rick Skinner said. “What we’re building is going to be around forever. The trails, playgrounds and sidewalks will create lasting health benefits for our residents.” Corinth City Clerk Tara Wright added, “I spoke with some teenage boys at the park who were so excited about the completion of the new path. They had already been jogging on half of the path and could not wait for it to be

Year Two Year two of the project began in fall 2015, and work continues on implementing the initiatives set forth in the original grant. Next on the list to be accomplished are the following projects: » Improvements on the tennis and basketball courts at Piddle Park » Installation of sidewalks on Arnie Risen Boulevard from Barnes Road to the Board of Education » Addition of more active workstations at Williamstown and Grant County schools » Implementation of safe routes to school at Williamstown » Implementation of a nutrition policy at Williamstown and Grant County schools » Improvements on the basketball court and mulching the playground at Corinth Park Of Grant County’s effort to combat childhood obesity, the Foundation for a Healthy Kentucky President and CEO Susan Zepeda said, “The Foundation for a Healthy Kentucky believes that lasting change calls for sustained, cross-sector community efforts. The Investing in Kentucky’s Future initiative supports the FFLAG coalition’s efforts to engage Grant County leaders and residents. Together, they are making policy and environment changes that promote physical activity and nutrition and will help Grant County kids grow up healthy.” *Complete Streets is a policy that allows for streets to be designed for users of all ages and abilities regardless of their mode of transportation — walking, biking or using a vehicle.

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Filling the Financing Gaps by Lynn Allen, Guest Writer

When I talk to cities and economic development folks across Kentucky, I’m always astonished by how many great ideas are on the drawing board. There doesn’t seem to be any shortage of vision or know-how to boost job creation and build long-term economic vitality for our communities. More often than not, it’s the money that’s missing.

That’s why I, along with a group of community leaders from Louisville and Lexington, established the Bluegrass International Fund (BiF) in 2014, an EB-5 Regional Center authorized under the Federal EB-5 Program. All of us, either in our professional or community lives, had at one time or another experienced frustration with Kentucky’s lack of capital, especially when one looks to our neighbors such as North Carolina, Illinois and Ohio, where financial centers and a variety of alternative capital sources abound. Authorized 25 years ago by the U.S. Congress, the EB-5 Program was developed expressly to stimulate U.S. economic development. Foreign investors may become eligible for U.S. residency by investing $500,000 in economic development projects in high-unemployment or rural areas. Each $500,000 invested must generate a minimum of 10 new permanent jobs for U.S. workers. And it has worked. I’ll get to some specifics in a minute, but here’s a little appetizer: Between 2005 and 2013, EB-5 programs nationally have attracted more than $6.5 billion in foreign direct investment, generating an estimated 100,000 full-time American jobs.

The best EB-5s are ones whose top priority is the economic development of their communities, an article of faith for us at BiF. There are two primary advantages of EB-5 capital: first, pricing. Under the Federal EB-5 Program, we can offer rates that are very competitive, particularly when we sit in a subordinate position behind a tax-exempt bond financing or a senior loan. And second, flexibility. EB-5 capital can sit anywhere in the financing structure, filling capital gaps wherever they exist. Because BiF is an EB-5 Regional Center authorized by the EB-5 Program to operate in Kentucky and Southern Indiana, cities and economic development organizations in our region now have access to this flexible, lower-cost source of funds.

To give you an idea of the kind of impact an EB-5 Fund such as ours can have right here at home, consider a few of the high-octane projects elsewhere that have benefited from EB-5 funding: » Creation of 600 new jobs in rural Vermont by helping to finance largescale, year-round resorts. » Transformation of an abandoned Milwaukee manufacturing zone into the Global Water Center, a unique water research and business accelerator with highly advanced technology throughout, projected to bring some 430 high-tech and engineering jobs to the city. » Development of assisted and retirement living communities in Washington state, creating 800 jobs and serving 500 senior citizens. » Kick-starting the revitalization of a historic Dallas neighborhood through the rehabilitation of a 100-year-old building into a hotel, creating 161 jobs. » Construction of University Hospital’s new, state-of-the-art facilities for the Ahuja Medical Center and Seidman Cancer Center, with an estimated job creation of 3,400. So who are these foreign nationals that invest in job creation programs in the United States, where do they come from and what do they want? They are wealthy individuals from around the world who have been highly successful entrepreneurs in their homelands. Most commonly, they invest in EB-5 funds so they can bring their spouses and children to live and study in the United States. Many of their children remain here after university, entering the so-called “creative class” and establishing job-creating businesses at impressive rates. Cost of funding for EB-5 projects is typically low, since return on equity is not the primary objective for these investors. Rather, they are primarily interested in establishing legal residency and getting their principal returned at the end of the project. Consider these astonishing facts, assembled by the Partnership for a New American Economy, a bipartisan group of 250 business leaders and mayors from across the country: » Of Fortune 500 companies, 114 were founded by the children of immigrants. » The revenue generated by Fortune 500 companies founded by immigrants or children of immigrants is greater than the GDP of every country in the world outside the United States, except China and Japan: $4.2 trillion. » $2.5 trillion of that revenue comes from companies founded by children of immigrants. » Iconic brands started by children of immigrants include General Electric (Canada), Bank of America (Italy), Apple (Syria), Ford Motor (Ireland), JP Morgan (Austria), Amazon (Cuba), IBM (Germany), Oracle (Russia and Iran), UPS (Ireland), Viacom (Ukraine), Occidental Petroleum (Russia) and Esteé Lauder (Hungary and Czechoslovakia) Clearly, these are people it behooves us to attract to our region. The best EB-5s are ones whose top priority is the economic development of their communities, an article of faith for us at BiF. All of us who founded BiF live and work here — in fact, most of us were born here — and we have a vested interest in our region’s future. Our focus: transformational development projects in urban core or rural areas — projects that will generate good-paying permanent jobs, trigger economic vitality in the community and enjoy broad public sup-

Funding Criteria – Bluegrass International Fund For Bluegrass International Fund to consider a development project for funding, it must meet the following criteria: » It must exceed the job creation requirement of 10 jobs per $500,000 investment » Our loans must be secured by real estate, other physical improvements or personal/corporate guarantees » Projects should also have some local, state and/or federal funding or incentives » Large-scale projects are preferred, with a $10 million minimum BiF loan commitment » Projects must have a clear exit strategy for a five-year, interest-only loan For more information, contact us: info@bluegrass-fund.com.

port. Our goal is to work in partnership with cities, economic development entities and the private sector to structure financing for mixed-use real estate developments, biomedical and health care facilities, research and education, and advanced manufacturing, with project sizes ranging to $300 million. For anyone working on economic development projects, EB-5 funding can mean the difference between dream and reality, providing low interest loans to finance projects that may not otherwise attract enough financing in the traditional capital markets. It just might be the one missing piece you need to get your project off the ground. Lynn Allen is chief executive officer of Bluegrass International Fund, www.bluegrass-fund.com.

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Candids KLC treated legislators and Legislative Research Committee (LRC) staff to the annual Sine Die Bar-B-Q on Friday, April 15, at the Capital Annex. Another successful session for cities is now history! KLC also hosted another successful City Officials Academy II, April 27-29, in Louisville. With more than 150 in attendance, it was an event filled with information, resources and networking.

Bicycling

in Kentucky In 2015, Stamping Ground became a Bluegrass Bike Partner. The program was created by the Bluegrass Cycling Club to promote cycling and establish safe, supportive, and welcoming relationships. A Bluegrass Bike Partner is an individual, business, or organization that wants to be identified as a location where cyclists know they are welcomed.

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HIT THE RIGHT NOTE MUSIC COPYRIGHT LAWS by Laura Milam Ross, KLC Managing Counsel for Member Legal Services

If your city hosts events such as concerts, festivals, arts and crafts fairs, or parades that feature music, you should be aware that the city might need a license to play music at a “public performance,” even if you use your local radio station or satellite radio.

A “public performance” for which a license is required is defined by copyright law as a performance “at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered.” Many

city events could fit within this category, and it could be difficult to analyze each one to determine whether a license is needed. Luckily, there is a solution to the problem. The International Municipal Lawyers Association (IMLA) teamed up with Broadcast

Music Inc. (BMI) and the American Society of Composers, Authors and Publishers (ASCAP) to create blanket license agreements that cover uses of music by local government entities. These licenses will cover almost all performances presented on both government-owned property and at functions and events hosted by the government. Agreeing to a license with BMI and ASCAP will afford the government entity copyright clearance to play 98 percent of all commercially available music in the United States. Copyright clearance to play music at these events is a requirement under U.S. copyright law. While there are still fees associated with a blanket license, it can save the city the time and expense of securing permission directly from each copyright owner every time music is played by various public entities within the community, such as community centers, museums and libraries, public pools, or at special events. KLC recommends a blanket license agreement to resolve compliance issues cities might have with using music at their events. A blanket license agreement will ensure that a city is covered and will not incur equitable and monetary damages for copyright infringement. Please note that your city still has the option to license single uses of music. Your city attorney can help you choose the licensing option that works best for your city. Additional information about these agreements is available on the IMLA website at www.imla.org/component/content/ article/23-programs/112-music-licensing. If you have any questions about these agreements or other legal issues, please contact KLC Member Legal Services at 800.876.4552.

Is Your Message Getting Lost? Let us help you find your way in the modern media market. 844.423.7272 info@innovativepublishing.com www.innovativepublishing.com

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At Attention

Proper Flag Etiquette by Terri Johnson, KLC Senior Marketing & Communications Manager

Memorial Day (May 30), Flag Day (June 14) and Independence Day (July 4) are just around the corner. Do you and your city employees know the proper way to treat the U.S. flag?

City Star Displaying the United States Flag The Federal Flag Code says the universal custom is to display the U.S. flag from sunrise to sunset on buildings and stationary flagstaffs in the open, but when a patriotic effect is desired, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness. Also, the U.S. flag should not be displayed when the weather is inclement except when an all-weather flag is displayed. Do » Display the flag at peak, above any other flag. » Position the flag on a platform or stage above and behind the speaker. If mounted on a staff, it should be to the speaker’s right. » Go right – When displayed on a wall with another flag (such as the Commonwealth of Kentucky flag), the U.S. flag should be on the right, its right and the viewer’s left. Its staff should be in front of the other flag. » Go left – When displayed other than on a staff, the flag should be displayed flat, whether indoors or outdoors. It should be displayed with the union (stars) to the upper left whether vertical or horizontal. » Fly the flag at half-staff when appropriate – On special days, as deemed by the president of the United States, the flag may be flown at half-staff, primarily to recognize the death of principal U.S. figures or members of the military. A governor may also order the U.S. flag to be flown halfstaff at state facilities for similar reasons. On Memorial Day, the U.S. flag should be flown at half-staff until noon and then raised. Do Not » Let the flag touch the ground. » Fly the flag upside down unless there is an emergency. » Carry the flag flat or carry things in it. » Use the flag as clothing, decoration or cover. » Store the flag where it can get dirty. » Fasten it or tie it back. Always allow it to fall free. » Draw on or otherwise mark the flag. Flag Disposal When the time comes to retire a flag, there is a proper procedure to use. It should be burned. There are several ways to elaborately and ceremoniously retire a flag. Here’s a simple and respectful procedure to follow: » The flag should be folded in its customary manner (see www.usflag.org for instructions on how to properly fold the flag). » It is important that the fire be fairly large and of sufficient intensity to ensure complete burning of the flag. » Place the flag on the fire. » The individual(s) can come to attention, salute the flag, recite the Pledge of Allegiance and have a brief period of silent reflection. » After the flag is completely consumed, the fire should then be safely extinguished, and the ashes buried. » Please make sure you conform to local/state fire codes or ordinances and follow safety precautions. Note: Please contact your local VFW post if you’d like assistance or more information on proper flag disposal.

City Employee Rescues Flag from Trash

“The flag means something to me.” — Clifford Gentry, Lexington-Fayette Urban County Government Division of Waste Management With 16 years on the job at the Lexington-Fayette County Division of Waste Management, Clifford Gentry has seen a lot wind up in the trash, but a recent discovery on his route took him by surprise. Someone had thrown away an American flag. Gentry and his crew removed it from the trash and took it back to work. Gentry, shown here with the flag, said it was in great condition, and he and his coworkers couldn’t understand why someone would put it in the trash. He was allowed to keep the flag and now displays it at his own home in Lexington. Gentry, who is a lifelong Lexington native, said several of his family members serve and have served in the military. “I appreciate what our military does for us, and I appreciate what the American flag stands for,” he said. “We just weren’t going to let that flag be trashed.”

In response to a Supreme Court decision that held that a state law prohibiting flag burning was unconstitutional, Congress enacted the Flag Protection Act in 1989. It provides that anyone who knowingly desecrates the flag may be fined and/or imprisoned for up to one year. However, this law was challenged in U.S. vs. Eichman, and the Supreme Court, in a 1990 decision, ruled that the Flag Protection Act violates free speech protections in the First Amendment. Public Law 94-344, known as the Federal Flag Code, contains rules for handling and displaying the U.S. flag. While the federal code contains no penalties for misusing the flag, states have their own flag codes and may impose penalties. The language of the federal code makes clear that the flag is a living symbol. Sources www.firstamendmentcenter.org www.vfw.org www.ushistory.org

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Tech Department

You’re Backing Up Your Data, But Can You Recover It? by Dave Mims, CEO, Sophicity, Guest Writer

Many cities have some form of data backup. But it troubles us to find a lot of uncertainty about actually recovering that data if a disaster hits. In a FierceITSecurity article from late last year, the online magazine reported: “Data loss has increased 400 percent since 2012, while 71 percent of enterprises are not fully confident in their ability to recover after a disruption, according to a survey of 3,300 IT decision makers by Vanson Bourne on behalf of EMC.”

While it’s likely that you’re doing something to back up your data, those efforts may not be enough to recover your data. Wondering if you can recover after backing up your data? Ask yourself the following five questions: Do you regularly test your data backup? This is the most critical aspect of making sure you can recover your data. It’s essential to perform a full disaster recovery simulation at least once every quarter to make sure you can actually recover your data. Don’t find out you can’t recover your data after a disaster occurs. By then, it’s too late. During a test, assess your data backup and disaster recovery effectiveness, identify issues, and solve those issues as soon as possible. Do you back up your data to a completely separate place? You’re not backing up if you’re just replicating data in the cloud or on a server. Erasing replicated data in one place will erase it in all places. Backing up also doesn’t mean using business class servers such as RAID servers (that duplicate data within the same server) or other virtualization technologies that allow multiple servers to be hosted within one server. Sure, using those technologies reduces risks and increases efficiencies, but what if something happens to that entire server? Backed-up data needs to be stored both in a completely separate location on-site and in a distant data center (preferably a cloud data center) off-site. Do you use business-grade data backup software? We’ve written about this subject in

the past as we’ve reported on the downfalls of relying on consumer-grade data backup. The biggest risk of cheap, do-it-yourself, consumer-grade data backup is that you may not be backing up all of your critical files. Only managed, business-grade data backup and disaster recovery ensures you are backing up all of your critical data and it can be recovered. A business-grade data backup solution also makes sure you answer “yes” to questions 1 and 2 above.

The biggest risk of cheap, do-ityourself, consumergrade data backup is that you may not be backing up all of your critical files. Do you have modern technology? Just because you’re backing up your data doesn’t mean it will easily reload in a timely fashion onto any possibly existing dated servers or even procured new servers. Time-to-recovery advantages that modern technology offers

creates the benefit of being able to have your data and systems back up and running much faster. In addition, the quality of your networking equipment (such as your data transfer speed) may also affect your ability to recover quickly. Make sure your technology is modern enough to handle full data recovery. Are you prepared for full disaster recovery? You might answer “yes” to the four questions above for on-site data backup. But if you’re not backing up off-site, you’re still at risk of not recovering after a disaster. A fire, flood or tornado can jeopardize your best on-site data backup efforts. And don’t think that off-site means a building next door or down the block. The same disaster that hits your building can also hit the building nearby. Off-site means geographically dispersed, preferably in data centers in different parts of the country. With data backup, your goal is not just to back up the data. Your goal is to recover it. Work at addressing your data backup gaps until you can answer “yes” to the five questions above. Until then, your city has some important work to do! Have questions about your ability to recover your data? Reach out to Sophicity, KLC’s Cornerstone Partner and KLC partner for our IT in a Box solutions package. Contact Dave Mims at davemims@sophicity. com or 770.670.6940. If you want to talk to someone at KLC, contact Robin Cooper (rcooper@klc.org), Terri Johnson (tjohnson@klc.org) or Jeri McCullough (jmccullough@klc.org) at 800.876.4552.

Utilities Marketplace

June/July 2016

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