xt7tb27ppm7k https://exploreuk.uky.edu/dips/xt7tb27ppm7k/data/mets.xml Lexington, Kentucky University of Kentucky 19600122 minutes English University of Kentucky Contact the Special Collections Research Center for information regarding rights and use of this collection. Minutes of the University of Kentucky Board of Trustees Minutes of the University of Kentucky Board of Trustees, 1960-01-jan22-ec. text Minutes of the University of Kentucky Board of Trustees, 1960-01-jan22-ec. 1960 2011 true xt7tb27ppm7k section xt7tb27ppm7k 











       Minutes of the Meeting of the Executive Committee of the University
of Kentucky, January 22- 1960.


       The Executive Committee of the University of Kentucky met in the
President' s Office on the campus of the University at 9:35 a. m. CST ( 10:35
CDT), Friday, January 22, 1960, with the following members present-
R. P. Hobson, Chairman; Harper Gatton. J. Stephen Watkins and Dr. Ralph
J. Angelucci.  Absent Wood Hannah, Sr.  President Frank G. Dickey and
Secretary Frank D. Pete-.son met with the Committee.


       A. Approval of Minutes.

       Upon motion duly made, seconded and carried, the minutes of the
Executive Committee of November 20, 1959, were approved as published.



       B. Financial Report.

       Mr. Peterson submitted financial report of the University of Kentucky
for the six-months period ended December 31, 1959.  The report contained
a balance sheet and related financial statements.  The Current General
Fund budgetary operations for the period reflected income realized for educa-
tional and general purposes in the amount of $10, 366, 775.3 0, or 72. 5% of
the budget estimate of $14,299,431. 10.  The expenditures including encum-
brances outstanding amounted to $6,944, 847. 00.  This represents 48. 8% of
the total Current General Fund Appropriations of $14, 239, 944. 87.

       Members of the Executive Committee reviewed the various statements
and, being advised, upon motion duly made, seconded and carried, the
financial report was received and filed.



       C. University Purchases Approved.

       Mr. Peterson submitted the following letter:


                                             January 19, 1960

       President Frank G. Dickey
       University of Kentucky

       Dear President Dickey:

       From October 1, 1959 through December 31, 1959 the following
       requisitions and orders were processed for the purchase of
       merchandise, supplies, material and other items for the use
       and benefit of the University of Kentucky-




 










S. D. Orders   ...........
State Requisitions  .......
Emergencies, State .......
Special Orders ...........
Job Order Vouchers ....
Stores Vouchers  .........
Vouchers   ...............
Order by letters  .........
Athletic Orders  .........
Emergency Purchase Orders



Stores Material Requisitions
Food Storage Orders  .....
Requests for Quotations ...



     Inclusive
... ..Inclusive
...  Inclusive
...  Inclusive
...  Inclusive
...  Linclusive
...  Inclusive
... .Inclusive
...  Inclusive
...  Inclusive



..... Inclusive
. . .. . Inclusive
..... Inclusive



44- 104
482-750
1996-39 1
8039 -9 165
11588-11982
19 15-2954
53 21-10842
406 -602
71-101
B506-B752
PR376-PR555
H366 -H644
L504-L886
3586-7960
2367-28Z7
1069- 1801



The requisitionsemergency requisitions, special orders, vouchers
and other documents are made a part of this letter and are avail-
able to the Board of Trustees for inspection. All purchases have
been made in accordance with approved policy of the Board of
Trustees and I respectfully request confirmation and approval of
the purchases as listed conforming to the statutes requiring
action by the Executive Committee.



                                      Very truly yours,



(Signed)



Frank D. Peterson
Vice President
Business Administration



       Members of the Executive Committee being advised, upon motion duly
made, seconded and carried, confirmed and approved the purchases and com-
mitments as recorded above.



       D. Disposal of Surplus Property Approved.

       Mr. Pet~er.soQrepnrted that the College of Engineering had an old power
voltage regulator, single phase, which came to the University from the Kentucky
Utilities Company and is now surplus to the needs of the College. The College
has asked that this be disposed of as scrap. Mr. Peterson asked that record
be placed in the Minutes that he is authorized to sell this at the high price.

       On motion duly made, seconded and carried, the recommendation was
concurred in and the property was authorized sold.




 





3



       E. Euclid Walk-through Approved.

       Mr. Peterson submitted to the Executive Committee a preliminary
study of the University of Kentucky pedestrian walk-through (underpass
or walkway-). He read the following letter which he had written to the City
Manager of Lexington.


                                            December 28, 1959.

      Mr. Glenn Lovern
      City Manager
      Municipal Building
      Lexington, Kentucky

                                    Re: Underpass--University of Kentucky
      Dear Mr. Love rn:

      President Dickey and I, with a committee, have studied the pedestrian
      walk-through underpass that is proposed at the intersection of Euclid
      and Harrison Avenues. The committee thought the walk-through
      underpass preferable to the straight underpass or overpass as had
      been suggested heretofore.  We make the following comments:

      (1) We feel that because of the location of this project, and from
          the standpoint of appearance, we should ask for the stone
          finish as shown on the preliminary study as opposed to the
          possibility of using concrete.

      (2) We would prefer to have the interior walls of the walk-through
          finished in white glazed tile so that we can keep this place
          washed and clean as well as to increase the value of the light-
          ing.

      (3) We would ask for a thorough study of the requirements for street
          lighting, sidewalk lighting, and the lighting of the interior of the
          walk - hrough.

      (4) We would suggest that a heavy crash wall be installed along the
          south side of the highway (overpass) to eliminate as far as
          possible the chance that a heavy truck would go through the barri-
          cade and drop to the sidewalk below.  This is especially indicated
          where Harrison Avenue connects with the Avenue of Champions
          (Euclid).

      (5) We also think that a. suitable entry to the sidewalk along the
          south side of the Avenue of Champions (Euclid) should be made
          for occasional access by truck to this area for general light
          trucking, leaf hauling, light delivery, etc.

      (6) Our committee gave considerable thought to the height of the
          walk-through area and would like to have this made as high as
          practical. We think 7 feet 6 inches to 7 feet 9 inches would
          give it a better appearance and would help the crowds going
          thro ugh.




 





4



       (7) You probably know that we are planning an addition to the
            Student Union Building, and the entrance to the campus
            driveway just east of the Alumni Gymnasium will service
            this addition. Such an entrance is not shown on these
            plans. It is suggested that the design engineers consult
            with the architects (Brock and Johnson) as to grades,
            drainage, etc.

       (8) President Dickey and I will recommend that this structure
           be aDproved by the Board of Trustees, but we would like
           to see the finished plans before Board action is taken. You
           understand that the Board has approved the project under
           certain other conditions. This project has been changed
           so radically as to, in our opinion, make it necessary to
           again take it to the Board for consideration.

       We want to work with the City, State and Federal Governments in a
       cooperative manner to the end that we may get a highway and a
       structure at this location that will best serve all parties concerned.

       I wish for you and all concerned a prosperous New Year. And may
       1960 see this project completed.

                                             Very truly yours,

                                (Signed)    Frank D. Peterson
                                             Vice President
                                             Business Administration




       Mr. Peterson advised that a meeting was held in the Office of the City
Manager at 2:00 p. m., Friday, January 15, which meeting was attended by
representatives of the City, the consulting engineers. Federal engineers and
representatives of the University.  He reported that this meeting was held
for the purpose of securing tentative approval of the preliminary study as sub-
mitted.  He reported that it was agreed by the representatives of the parties
concerned that the consulting engineers go ahead and prepare plans and speci-
fications to be submitted to the State Department of Highways, the Federal
authorities and others concerned.

       Members of the Committee reviewed at length the preliminary study
and questions raised. Upon motion duly made, seconded and carried, the
University was authorized to give tentative approval to the widening of Euclid
Avenue, and to accept the walk-through (underpass or walkway), and so
advise the parties concerned.




 





                                                                          5



       F. Contract for Research with the Louisville Barrow Show Approved.

       Mr. Peterson stated that the Agricultural Experiment Station desired
to enter into a contract with the Louisville Barrow Show whereby the Louis-
ville Barro-w Show organization will perform research activities assigned to
it by the Agricultural Experiment Station personnel and furnish service to the
Agricultural Experiment Station in connection with slaughtering, carcass
evaluation and summation of results of different breeds and breeding.

       Upon motion duly made, seconded and carried, the contract was au-
thorized executed on behalf of the University of Kentucky, and all parties so
notified.



       G. Injuries.

       Mr. Peterson submitted a report on an accident to Mr. Cecil Martin,
Jr., of Hardyville, ky. While attending the Livestock Field Day on Cold-
stream Farm, Mr. Martin sustained an injury to one of his ankles, requiring
hospitalization.  He paid tr Dr. C. M. Gumbert for professional services
$211. 00; to Dr. Saul Rubin for professional services, $45. 00; to the Good
Samaritan Hospital for hospital care $282. 50; to the Whitehall Funeral
Chapel for ambulance service $7. 50; and to the Central Brace Shop for
crutches $5. 00.

      Mr. Peterson reported that he and Dean Welch had conferred and they
believe that the University, for public relations and other purposes, should
reimburse Mr. Cecnl Martin, Jr. , for out-of-pocket cost incident to the acci-
dent, as stated above. Mr. Peterson stated that the University did not admit
negligence or liability and had received from Mr. Martin a notarized Release
and Settlement. He recommended that the claim be paid.

      Upon motion duly made, seconded and carried, Mr. Cecil Martin, Jr.
was authorized reimbursed in the amount of $551. 00 for actual cost for medical
care incident to injuries sustained.  It is specifically understood that the
University does not admit negligence, neither does it admit liability in accepting
and paying this claim for Release and Settlement, and it does not establish a
precedent thereby.

      Mr. Peteraea also submitted the following statement of injuries:

      10 Ar. Thomas E. Seward, an eniloyee of the Division of Maintenance
         Tind 7pe rations. Ihis -acdetocureecember 11, 17r-q at
         the Phl I~elta Theta House, 338 Clifton Avenue. Mr. Seward was
         drilling a hole into a concrete block when a small piece of concrete
         hit him in the right eye, making a small cut under the eyelid.  He
         reported to the University Health Service and was sent to Dr. C. W.
         Trapp, who treated the cut eyelid.  Dr. Trapp submitted a bill for
         this service in the amount of $5. 00.

      2 Mr. John Price, an employee of the Wildcat Bowlin Lanes. This
         7-cc `a'eWi occurred 1o vemhm tt            dc   B   ing Lanes.
         Mr. Price was picking up pins when a bowler rolled a ball, a pin
         hit him, breaking his nose and causing lacerations on his nose.
         He was sent immediately to Good Samaritan Hospital and treated by
         Dr. T. R. Bryant, Jr.




 





6



          The following bills have been submitted:

                 Good Samaritan Hospital

                          1/1/59 - Emergency         $3. 00
                                    Misc, charges     5. 0 0
                                    Drugs              1.35
                          11/5/59 - Emergency         3. 00    $12.35

                 Dr. T. R. Bryant, Jr.

                          11/1/59 - Good Samaritan
                                    Emergency Room   25. 00
                          11/5/59 - Suture removal   5. 00     30 00


       3. Mr. David Givens, an employee of the Wildcat Bowling Lanes.
          This accident occurred September 20, 1959, at the Wildcat Bowling
          Lanes.  A bowling pin ricocheted, hitting Mr. Givens and cutting
          his forehead above his left eye. He was removed to Good Samaritan
          Hospital where six stitches were required to close the wound.

          Good Samaritan Hospital has submitted a bill for $8. 75, the details
          of this charge being as follows:

                          9/20/59 - Misc. charges    $ 5. 00
                                    Drugs               1.75
                          9/25/59  Emergency Room       2. 00
                                                      $ 8. 75

       4C MAr. Robert Baker, an employee of the Farm Maintenance Depart-
          ment. 'This accident occurred August 31, 1959, in a tobacco field
          on the South Farm.  Mr. Baker stepped on a tobacco stick, causing
          it to fly up and hit him in the eye.  He reported to the University
          Health Service and was referred to Dr. C. W. Trapp for further
          medication of the injury.

          Dr. Trapp has submitted a bill for $5. 00 for his services.

       5.Mv~r. Jimmy Long, an employee of the Farm Maintenance Department.
         Thiacctent occurred October 31. 1959, at the tobacco barn on the
         South Farm.  A tobacco stick fell from the rail, causing a stalk
         of tobacco to hit Mr. Long just below the right eye, making a cut on
         his face, He reported to Dr. C. W, Trapp for treatment.

             For this service, Dr. Trapp has submitted a bill for $5. 00.


with a recommendation that the bills be paid.  Each case was reviewed, and
upon motion duly made, seconded and carried, bill for $5. 00 to Dr. C. W. Trapp
for services rendered to Mr, Thomas E. Seward; bills for $12. 35 to the Good
Samaritan Hospital and $30. 00 to Dr. T. R. Bryant, Jr. , for services rendered
to Mr. John Price; bill for $8. 75 to the Good Samaritan Hospital for services
rendered to Mr. David Givens; bill of $5. 00 for services rendered by Dr. C. W.
Trapp to Robert Baker; and bill for $5. 00 for services rendered by Dr. C. W.




 






7



Trapp to Mr. jimmy Long, were authorized approved for payment with the
expressed understanding that the University does not accept liability nor ad-
mit negligence in each individual case or the cases collectively, and that
the University does not set a precedent by approving for payment these bills
for services rendered in connection with the above stated accidents.



       H. Budget Adjustment.

       Mr. Peterson submitted recommendation to advance to the Kentucky
Research Foundation the sum of $96, 000 from the "Plant Fund section of the
University Restricted Trust Funds for the liquidation of land note".

       Upon. motion duly made, seconded and carried, the recommendation
of Mr. Peterson was concurred in and the transfer was authorized, with the
understanding that a signed document will be executed by the Kentucky Research
Foundation stipulating the conditions of the advancement of funds.



       T. Property at 422 Rose Lane Purchased.

       Mr. Peterson reported property at 422 Rose Lane, owned by Virginia
and Rosco Brong, consisting of a one and one-half storey brick residence
situated on a lot 50 feet by 190 feet, more or less.  This property was offered
for sale to the University in December and purchased in the month of Decem-
ber at a price of $14, 000. Mr. Peterson explained that this property may
become the site for erection of a small dormitory leased to the House Corpora-
tion of Sigma Nu fraternity.

       Members being advised, upon motion duly made, seconded and carried,
the purchase of the house and lot at 422 Rose Lane was ratified, approved and
authorized.



       J. Lease, Fall-out Shelter Approved.

       Mr. Peftrson recalled that the Office of Civil and Defense Mobilization
had requested The University to accept a fall-out shelter to be constructed in the
basement of Maxwell Place. He stated that the Board had tentatively given its
approval and that a lease formalizing the agreement was ready for approval
and execution.

       Members of the Committee recalling the incident and being advised,
upon motion duly made, seconded and carried, lease No. CDM-PFS-60-45
                                                  OCDM project No. P-F-2-4
was authorized approved and executed by the President of the University and
attested to by the Secretary of the Executive Committee.




 






8



       K. Donee Resolution for Surplus Property.

       Mr. Peterson submitted the following Resolution and recommended its
approval:


Name of Governing Board    Board of Trustees        Address: LexingtonKy.

WHEREAS, this is the governing Board of the University of Kentucky ,  and
                                             (Institution or Organization)

WHEREAS, it is a tax-supported or a non-profit and tax-exempt school system,
school, college, university, medical institution, hospital, clinic or health
center, or a Civil Defense organization designated pursuant to State Law, and

WHEREAS, the property requested under authority of this Resolution, is usable
and necessary in the State for education, public health or Civil Defense purposes
for which acquired, including research for any such purpose, and for no other
purpose, and

WHEREAS, the property is required for use to fulfill an existing need and is not
being acquired for any other use or purpose for use outside of the State or for
sale, and

WHEREAS, funds are available to pay the costs of care and handling incident to
donation, including packaging, preparing for shipping and transporting such
property, and

WHEREAS, the terms, conditions, and instructions imposed by the Federal
Government and the Division of Property Utilization will be observed and ful-
filled, and

WHEREAS, it is understood that the property acquired regardless of acquisition
cost shall be on an "as is", "where is" basis, without warranty of any kind,

NOW THEREFORE, IT IS HEREBY RESOLVED:

(1) That  Mr. Torn Orr, Head Research Machine Shop,   is hereby authorized
          Medical Center,          (Title)'

as a representative of University of Kentucky  to sign any documents re-
                      ( Institution or (Organization)
quired by the Division of Property Utilization for the selection and receipt of

donable surplus property from the Federal Government.

(2) That a certified copy of the Resolution be filed with the Division of Property
Utilization and the same shall remain in full force and effect until revoked by
written notice.


This Resolution was adopted this the  21  day of -January, 19 60  The follow-

ing is the signature of the person authorized herein.



Signed: Frank D. Peterson Title: V. P. Bus. Adm. Date: 1/22Z/60.




 






9



I,  Frank D. Peterson,   Secretary of the Governing Board of the  University
                                                                  (7 s titution or
of Kentucky  of Fayette County, Kentucky, do hereby certify that the
Organization)

foregoing is a full, true and correct copy of a Resolution adopted by the Executive

Committee of the Board at a regular  meeting, thereof, held at its regular

place of meeting at the time above-stated, which Resolution is on file in the office

of said Board.

                               University of Kentucky
                               Adm. Bldg. , Lexington,Ky.
  Secretary or Clerk                  Address                     D)ate





       Upon motion duly made, seconded and carried, the Resolution was ap-
proved and ordered put to record.



       L. Graduate Faculty Menbers .Authorized.

       President Dickev recommended that four professors be approved for
membership in the Graciuate Faculty.  He stated that each has a record of
scholarly training, research and publication fully meeting the high standards
for membership in the Graduate Faculty.  He listed the professors as follows:

       Loren D. Carlson, Professor and Chairman, Physiology (Medical
           Center)
       Eugene Carter Doll, Associate Professor of Soils, Associate
           Agronomist
       Thomas Barksdale Hutcheson, Jr. , Associate Professor of Agronomy,
           Associate Agronomist
       Max J. Wasserman, Professor of International Economics, Patterson
           School.

       Upon motion duly made, seconded and carried, Professor Loren D,
Carlson, Professor Eugene Carter Doll, Professor Thomas Barksdale Hutche-
son, Jr. , and Professor Max J. Wasserman were approved to membership
on the Graduate Faculty.



       M. Consultive Services Authorized.

       President Dickey submitted recommendation from Dr. William R.
Willard that Dr. Robert Straus become a member of the Mental Health Training
Committee of the National Institute of Mental Health.  He stated that this
committee reviews applications for training grants to the National Institute
of Mental Health, and that Doctor Straus will be required probably to meet
twice in Washington and, perhaps, make two or three site visits to other




 





10



institutions during the year.  Dr. Straus will be paid at the rate of $50. 00 per
day by the Federal Government.  President Dickey stated that he felt that this
wras a worthy consultive service to be rendered by Dr. Straus and recommend-
ed its approval,

       President Dickey presented a recommendation of )r. Leo M. Chamber-
lain that Dr. John Hamblen be given permission to give certain lectures for the
Mid-western Region of the IBM Corporation.  Doctor Dickey stated that there
would be a total of three lectures for which Doctor Hamblen would receive a
total of $750. 00 and that the Computing Center would receive the sum of $250. 00,
representing the cost of duplicating and typing lectures.  President Dickey
recommended that the request be granted.

       President Dickey submitted a recommendation from Dr. Cecil C. Car-
penter, Dean of the College of Commerce, that Mr. W. W. Ecton, instructor
in Accounting, be given permission to do outside work for Yeager, Ford,
Warren and Paris firm of certified accountants.  He said that Mr. Ecton? s work
would be in the capacity of educational consultant and that his total services
would not exceed thirty hours in any one year.  He stated that this work would
not interfere with his regular duties and felt that the work was of an expert
nature.  He recommended that the request be granted.

       President Dickey submitted a recommendation from Dr. Leo M. Chamber-
lain and Dr. Robert E. Shaver that permission be given to Dr. Silvio Navarro,
Assistant Director of the Computing Center and Associate Professor of
Electrical Engineering, to do consultive work for the Kentucky Utilities Com-
pany in applications of stored program digital computers to problems in power
utilities. He said that Doctor Navarro would do about 60 hours of consulting
work during the year, which would be of material benefit to the Kentucky Utilities
Company, and it would not interfere with his duties at the University.  He recom-
mended that the request be granted.

       Members of the Executive Committee having heard the statements and
recommendations, upon motion duly made, seconded and carried, concurred
in the recommendations and approved the action of President Dickey.



       N. Name of Department of Community Health Changed.

       President Dickey submitted a recommendation fronm Dr. William R.
Willard, Medical Center, that the Department of Community Health be changed
to "Department of Community Medicine".  President Dickey stated that it was
thought that the new name implies more integration with medicine generally,
and would avoid any misunderstanding of being connected with community depart-
ments of health, and that the new name seems to be more consistent with the
term "Medical Center" than the former one, "Community Health".  President
Dickey said he thought this was a good recommendation and would more nearly
clarify for the public the work of the Department.  He recommended that the
request be granted.

       Upon motion duly made, seconded and carried, the name of the Depart-
ment of Community Health, as heretofore established, was authorized changed
to the Department of Community Medicine, effective immediately.




 





11



       0. ICA Contract Personnel Approved.

       President Dickev stated that he desired to recommend the.appointment
of tr. Herbert F. Massey of the University of Kentucky Agronomy Depart-
ment as Agronomy Specialist, for a three-months assignment with the Kentucky
Contract Team at the University of San Carlos, Guatemala City, effective
January 1, 1960,

       President Dickey also recommended that Miss Frances Flick be appoint-
ed to the position of Library Consultant with the Kentucky Contract Team at
the University of San Carlos, Guatemala City, for a period of three months,
effective February 1, 1960.

       President Dickey recommended the employment oi Professor William
F. Helwig to the position of Associate Professor of Electrical Engineering
with the Kentucky Contract Tearn at Bandung, Indonesia, for the period from
February 1, 1960 to January 31, 1961.

       Upon motion duly made, seconded and carried, Dr. Herbert F. Massey
was approved as Agronomy Specialist in Guatemala during the period January
1 to March 31, 1960; Miss Frances Flick was authorized employed as Library
Consultant with the Kentucky Contract Team at the University of San Carlos,
Guatemala City, for February, March and April, 1960; and Professor William
F. Helwig was authorized employed as Associate Professor of Electrical
Engineering, with the Contract Team at Bandung, for the period February 1,
1960, to January 31, 1961.



       P. James W. Martin Report Received.

       President Dickey submitted report from Professor James W. Martin,
th rough Dr. C. C. Carpenter, Dean of the College of Commerce, on his work
with the State which has been terminated. The report was read, and upon
motion duly made, seconded and carried, authorized received and filed.



       Q. Veterans Administration Hospital Affiliation Authorized.

       President Dickey submitted a recommendation from Dr. William R.
Willard, Vice President for the Medical Center, recommending a formal af-
filiation between the College of Medicine of the University of Kentucky and the
Veterans Administration Hospital. He stated that this affiliation did not
obligate the University for anything but did permit some of the personnel of the
College of Medicine to affiliate and profit through its relationship with the
Veterans Administration Hospital.  A Memorandum of Understanding was sub-
mitted and reviewed, and upon motion duly made, seconded and carried, the
request for affiliation with the local Veterans Administration Hospital was
approved,




 





12



       R. Automobile Liability Insurance Studied.

       President Dicke-y stated that he had requested Dr. W. L. Matthews,
Jr. , Dean of the College of Law, to review certain questions concerning the
University liability in connection with automobiles. He read the following
communication:


               AUTOMOBILE LIABILITY INSURANCE FOR
               UNIVERSITY VEHICLES AND PERSONNEL

       This report attempts to answer in a general way the following questions
about automobile liability insurance for University vehicles and personnel:

       (1) What is the responsibility of the University in case of an accident?

       (2) What is the responsibility of the driver in case of an accident?

       (3) What legal authority is there for purchase of liability insurance
by the University?

       (4) What is the status of the University' s associated corporations (such
as the Kentucky Research Foundation and the UK Athletics Association) in
this connection?

       (5) Is there a special legal responsibility to University students and
personnel as passengers?

Question 1: Responsibility of the University

       (a) Vehicles owned by the University:
       The University would be liable if the injury or damage resulted from
the negligence of the driver and if he were operating the vehicle "within the
scope of his employment", which, oversimplified, means putting it to an
authorized use.  If the use were unauthorized, the University would be respon-
sible only if it were in fact negligent in permitting access to the vehicle or in
creating the conditions leading to its unauthorized use.

       The University is a state agency and immune to suit in tort except by
claim asserted in the Kentucky Board of Claims.  Recovery there is limited
to $10, 000 for any one claim, and no recovery is allowed for pain and suffer-
ing.

       (b) Vehicles owned by University employees:
       The University probably would not be liable where the vehicle is owned
by an academic or administrative employee and operated by him, even within
the scope of his employment.  The University probably would be liable where
the vehicle was owned by a maintenance employee and operated by him in the
scope of his employment.

       The distinction made depends on how the traditional legal principle
that a "master" is responsible for the torts of his "servant" would be applied
in a given fact situation. Some courts have recognized that certain kinds
of employees are not "servants" for the purpose of establishing vicarious lia-
bility against the employer.  These cases involve mainly operation of their




 






13



own vehicles by traveling salesmen and insurance agents (249 Ky. 8, 60 S. W.
Zd 115), and the test of agency is the degree of control exercised by the em-
ployer over the details of the employee' s conduct at the time. Most academ-
ic and administrative employees are not under detailed control when driving
their own cars on official trips. Maintenance personnel, on the other hand,
who might use their own cars or trucks in performance of their duties, might
meet the control test of agency.

       In any event, if under the particular facts the University should prove
to be liable in this general situation, the principle of sovereign immunity
mentioned above would apply and the claim would have to be asserted in the
Court of Claims.

Question 2: Responsibility of the Driver

       The driver of the vehicle, whether owned by him or by the Universityr
is personally responsible for damage or injury resulting from his negligence,
whether within or without the scope of his employment.  He can be sued
individually, but if the claimant has recovered against the state in the Court
of Claims this bars any action against the employee (KRS 44. 160).

       Put in another way, the University? s liability as the driver? s employer
is not a defense for him in an action against him individually. And the Uni-
versity? s immunity against tort does not extend to its negligent employee except
as the claimant may elect to sue in the Court of Claims, where recovery will
bar suit against the employee. In another context some University officers
might be clothed with sovereign immunity when performing a governmental
function, but the operation of a vehicle by an employee is a "ministerial act"
and he is beyond t