Kentucky Statutes 18A.110 – Personnel secretary — Regulatory authority — Resolution of conflicting provisions of law
Current as of: 2024 | Check for updates
|
Other versions
(1) The secretary shall promulgate comprehensive administrative regulations for the classified service governing:
(a) Applications and examinations;
(b) Certification and selection of eligibles; (c) Classification and compensation plans; (d) Incentive programs;
(e) Layoffs; (f) Registers;
(g) Types of appointments;
(h) Attendance; hours of work; compensatory time; annual, court, military, sick, voting, living organ donor, and special leaves of absence, provided that the secretary shall not promulgate administrative regulations that would reduce the rate at which employees may accumulate leave time below the rate effective on December 10, 1985; and
(i) Employee evaluations.
(2) The secretary shall promulgate comprehensive administrative regulations for the unclassified service.
(3) (a) Except as provided by KRS § 18A.355, the secretary shall not promulgate administrative regulations that would reduce an employee’s salary; and
(b) As provided by KRS § 18A.0751(4)(e), the secretary may submit a proposed administrative regulation providing for an initial probationary period in excess of six (6) months to the board for its approval.
(4) The secretary may promulgate administrative regulations to implement state government’s affirmative action plan under KRS § 18A.138.
(5) (a) The administrative regulations shall comply with the provisions of this chapter and KRS Chapter 13A, and shall have the force and effect of law after compliance with the provisions of KRS Chapters 13A and 18A and the procedures adopted thereunder;
(b) Administrative regulations promulgated by the secretary shall not expand or restrict rights granted to, or duties imposed upon, employees and administrative bodies by the provisions of this chapter; and
(c) No administrative body other than the Personnel Cabinet shall promulgate administrative regulations governing the subject matters specified in this section.
(6) Prior to filing an administrative regulation with the Legislative Research Commission, the secretary shall submit the administrative regulation to the board for review.
(a) The board shall review the administrative regulation proposed by the secretary not less than twenty (20) days after its submission to it;
(b) Not less than five (5) days after its review, the board shall submit its
recommendations in writing to the secretary;
(c) The secretary shall review the recommendations of the board and may revise the proposed administrative regulation if he or she deems it necessary; and
(d) After the secretary has completed the review provided for in this section, he or she may file the proposed administrative regulation with the Legislative Research Commission pursuant to the provisions of KRS Chapter 13A.
(7) The administrative regulations shall provide:
(a) For the preparation, maintenance, and revision of a position classification plan for all positions in the classified service, based upon similarity of duties performed and responsibilities assumed, so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same class. The secretary shall allocate the position of every employee in the classified service to one (1) of the classes in the plan. The secretary shall reallocate existing positions, after consultation with appointing authorities, when it is determined that they are incorrectly allocated, and there has been no substantial change in duties from those in effect when such positions were last classified. The occupant of a position being reallocated shall continue to serve in the reallocated position with no reduction in salary;
(b) For a pay plan for all employees in the classified service, after consultation with appointing authorities and the state budget director. The plan shall take into account such factors as:
1. The relative levels of duties and responsibilities of various classes of positions;
2. Rates paid for comparable positions elsewhere taking into consideration the effect of seniority on such rates; and
3. The state’s financial resources.
Amendments to the pay plan shall be made in the same manner. Each employee shall be paid at one (1) of the rates set forth in the pay plan for the class of position in which he or she is employed, provided that the full amount of the annual increment provided for by the provisions of KRS § 18A.355, and the full amount of an increment due to a promotion, salary adjustment, reclassification, or reallocation, shall be added to an employee’s base salary or wages;
(c) For the advertisement and acceptance of applications for at least five (5) days for those positions to be filled by classified appointment or promotion. The secretary may continue to receive applications and review applicants on a continuous basis long enough to ensure a sufficient number of applicants;
(d) For the rejection of candidates or eligibles who fail to comply with reasonable requirements of the secretary in regard to such factors as age, physical condition, training, and experience, or who have attempted any deception or fraud in connection with an examination;
(e) Except as provided by this chapter, for the appointment of a person whose score is included in the five (5) highest scores earned on the examination;
(f) For annual, sick, and special leaves of absence, with or without pay, or reduced pay, after approval by the Governor as provided by KRS
18A.155(1)(d);
(g) For layoffs, in accordance with the provisions of KRS § 18A.113, by reasons of lack of work, abolishment of a position, a material change in duties or organization, or a lack of funds;
(h) For the development and operation of programs to improve the work effectiveness of employees in the state service, including training, whether in- service or compensated educational leave, safety, health, welfare, counseling, recreation, employee relations, and employee mobility without written examination;
(i) For a uniform system of annual employee evaluation for classified employees, with status, that shall be considered in determining eligibility for discretionary salary advancements, promotions, and disciplinary actions. The administrative regulations shall:
1. Require the secretary to determine the appropriate number of job categories to be evaluated and a method for rating each category;
2. Provide for periodic informal reviews during the evaluation period which shall be documented on the evaluation form and pertinent comments by either the employee or supervisor may be included;
3. Establish a procedure for internal dispute resolution with respect to the final evaluation rating;
4. Permit a classified employee, with status, who receives either of the two (2) lowest possible evaluation ratings to appeal to the Personnel Board for review after exhausting the internal dispute resolution procedure. The final evaluation shall not include supervisor comments on ratings other than the lowest two (2) ratings;
5. Require that an employee who receives the highest possible rating shall receive the equivalent of two (2) workdays, not to exceed sixteen (16) hours, credited to his or her annual leave balance. An employee who receives the second highest possible rating shall receive the equivalent of one (1) workday, not to exceed eight (8) hours, credited to his or her annual leave balance; and
6. Require that an employee who receives the lowest possible evaluation rating shall either be demoted to a position commensurate with the employee’s skills and abilities or be terminated; and
(j) For other administrative regulations not inconsistent with this chapter and
KRS Chapter 13A, as may be proper and necessary for its enforcement.
(8) For any individual hired or elected to office before January 1, 2015, and paid through the Kentucky Human Resources Information System, the Personnel Cabinet shall not require payroll payments to be made by direct deposit or require the individual to use a web-based program to access his or her salary statement.
(9) To the extent that KRS § 16.010 to KRS § 16.199, 16.080, and 16.584 and administrative regulations promulgated by the commissioner of the Department of Kentucky State
Police under authority granted in KRS Chapter 16 conflict with this section or any administrative regulation promulgated by the secretary pursuant to authority granted in this section, the provisions of KRS Chapter 16 shall prevail.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 35, sec. 6, effective June 29, 2023. — Amended
2022 Ky. Acts ch. 181, sec. 7, effective April 1, 2023. — Amended 2020 Ky. Acts ch.
107, sec. 3, effective July 15, 2020. — Amended 2016 Ky. Acts ch. 109, sec. 10, effective July 15, 2016; and ch. 110, sec. 11, effective July 15, 2016. — Amended
2015 Ky. Acts ch. 25, sec. 2, effective June 24, 2015. — Amended 2000 Ky. Acts ch.
501, sec. 1, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 154, sec. 25, effective July 15, 1998; ch. 487, sec. 2, effective July 15, 1998; and ch. 540, sec. 2, effective July 15, 1998. — Amended 1994 Ky. Acts ch. 486, sec. 35, effective July
15, 1994. — Amended 1990 Ky. Acts ch. 309, sec. 1, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 203, sec. 3, effective July 15, 1988; and ch. 414, sec. 1, effective July 15, 1988. — Amended 1986 Ky. Acts ch. 494, sec. 17, effective July
15, 1986. — Repealed, reenacted, and amended as KRS § 18A.110, 1982 Ky. Acts ch.
448. sec. 22, effective July 15, 1982. — Amended 1978 Ky. Acts ch. 269, sec. 4, effective June 17, 1978. — Amended 1976 Ky. Acts ch. 86, sec. 5, effective March
29, 1976. — Amended 1974 Ky. Acts ch. 110, sec. 1; ch. 162, sec. 5; and ch. 308, sec. 12. — Created 1960 Ky. Acts ch. 63, sec. 9.
Formerly codified as KRS § 18.210.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, C, 2, (1) at 1658.
Legislative Research Commission Note (7/15/2016). This statute was amended in 2016
Ky. Acts ch. 109, sec. 10 and ch. 110, sec. 11. 2016 Ky. Acts ch. 110, sec. 15 provided that ch. 110 takes precedence over ch. 109. Chapter 110 was also the later- passed bill. Therefore, 2016 Ky. Acts ch. 110, sec. 11 has been codified and 2016
Ky. Acts ch. 109, sec. 10 has not.
Legislative Research Commission Note (7/15/98). This section was amended by 1998
Ky. Acts chs. 154, 487, and 540. Where these Acts are not in conflict, they have been codified together. Where a conflict exists between Acts chs. 154 and 540, Acts ch. 540, which was last enacted by the General Assembly, prevails under KRS
446.250.
(a) Applications and examinations;
Terms Used In Kentucky Statutes 18A.110
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Base salary or wages: means the compensation to which an employee is entitled under the salary schedules adopted pursuant to the provisions of KRS §. See Kentucky Statutes 18A.005
- Board: means the Personnel Board created by KRS §. See Kentucky Statutes 18A.005
- branch budget: means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet. See Kentucky Statutes 446.010
- Cabinet: means the Personnel Cabinet provided for in KRS §. See Kentucky Statutes 18A.005
- Class: means a group of positions sufficiently similar as to duties performed, scope of discretion and responsibility, minimum requirements of training, experience, or skill, and such other characteristics that the same title, the same tests of fitness, and the same schedule of compensation have been or may be applied to each position in the group. See Kentucky Statutes 18A.005
- Classified employee: means an employee appointed to a position in the classified service under this chapter whose appointment and employment are subject to the classified service provisions of this chapter and the administrative regulations promulgated under this chapter. See Kentucky Statutes 18A.005
- Classified service: includes all the employment subject to the terms of this chapter except for those positions expressly cited in KRS §. See Kentucky Statutes 18A.005
- Donor: The person who makes a gift.
- Employee: means a person regularly appointed to a position in the state service for which he or she is compensated on a full-time, part-time, or interim basis. See Kentucky Statutes 18A.005
- Fraud: Intentional deception resulting in injury to another.
- Position: means an office or employment in an agency (whether part-time, full- time, or interim, occupied, or vacant) involving duties requiring the services of one (1) person. See Kentucky Statutes 18A.005
- Promotion: means a change of rank of an employee from a position in one (1) class to a position in another class having a higher minimum salary or carrying a greater scope of discretion or responsibility. See Kentucky Statutes 18A.005
- Reallocation: means the correction of the classification of an existing position by placement of the position into the classification that is appropriate for the duties the employee has been and shall continue to perform. See Kentucky Statutes 18A.005
- Reclassification: shall mean the change in the classification of an employee when a material and permanent change in the duties or responsibilities of that employee has been assigned in writing by the appointing authority. See Kentucky Statutes 18A.005
- Secretary: means the secretary of the Personnel Cabinet as provided for in KRS
18A. See Kentucky Statutes 18A.005 - Seniority: means the total number of months of state service. See Kentucky Statutes 18A.005
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Status: means the acquisition of tenure with all rights and privileges granted by the provisions of this chapter after satisfactory completion of the initial probationary period by an employee in the classified service. See Kentucky Statutes 18A.005
- Statute: A law passed by a legislature.
(b) Certification and selection of eligibles; (c) Classification and compensation plans; (d) Incentive programs;
(e) Layoffs; (f) Registers;
(g) Types of appointments;
(h) Attendance; hours of work; compensatory time; annual, court, military, sick, voting, living organ donor, and special leaves of absence, provided that the secretary shall not promulgate administrative regulations that would reduce the rate at which employees may accumulate leave time below the rate effective on December 10, 1985; and
(i) Employee evaluations.
(2) The secretary shall promulgate comprehensive administrative regulations for the unclassified service.
(3) (a) Except as provided by KRS § 18A.355, the secretary shall not promulgate administrative regulations that would reduce an employee’s salary; and
(b) As provided by KRS § 18A.0751(4)(e), the secretary may submit a proposed administrative regulation providing for an initial probationary period in excess of six (6) months to the board for its approval.
(4) The secretary may promulgate administrative regulations to implement state government’s affirmative action plan under KRS § 18A.138.
(5) (a) The administrative regulations shall comply with the provisions of this chapter and KRS Chapter 13A, and shall have the force and effect of law after compliance with the provisions of KRS Chapters 13A and 18A and the procedures adopted thereunder;
(b) Administrative regulations promulgated by the secretary shall not expand or restrict rights granted to, or duties imposed upon, employees and administrative bodies by the provisions of this chapter; and
(c) No administrative body other than the Personnel Cabinet shall promulgate administrative regulations governing the subject matters specified in this section.
(6) Prior to filing an administrative regulation with the Legislative Research Commission, the secretary shall submit the administrative regulation to the board for review.
(a) The board shall review the administrative regulation proposed by the secretary not less than twenty (20) days after its submission to it;
(b) Not less than five (5) days after its review, the board shall submit its
recommendations in writing to the secretary;
(c) The secretary shall review the recommendations of the board and may revise the proposed administrative regulation if he or she deems it necessary; and
(d) After the secretary has completed the review provided for in this section, he or she may file the proposed administrative regulation with the Legislative Research Commission pursuant to the provisions of KRS Chapter 13A.
(7) The administrative regulations shall provide:
(a) For the preparation, maintenance, and revision of a position classification plan for all positions in the classified service, based upon similarity of duties performed and responsibilities assumed, so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same class. The secretary shall allocate the position of every employee in the classified service to one (1) of the classes in the plan. The secretary shall reallocate existing positions, after consultation with appointing authorities, when it is determined that they are incorrectly allocated, and there has been no substantial change in duties from those in effect when such positions were last classified. The occupant of a position being reallocated shall continue to serve in the reallocated position with no reduction in salary;
(b) For a pay plan for all employees in the classified service, after consultation with appointing authorities and the state budget director. The plan shall take into account such factors as:
1. The relative levels of duties and responsibilities of various classes of positions;
2. Rates paid for comparable positions elsewhere taking into consideration the effect of seniority on such rates; and
3. The state’s financial resources.
Amendments to the pay plan shall be made in the same manner. Each employee shall be paid at one (1) of the rates set forth in the pay plan for the class of position in which he or she is employed, provided that the full amount of the annual increment provided for by the provisions of KRS § 18A.355, and the full amount of an increment due to a promotion, salary adjustment, reclassification, or reallocation, shall be added to an employee’s base salary or wages;
(c) For the advertisement and acceptance of applications for at least five (5) days for those positions to be filled by classified appointment or promotion. The secretary may continue to receive applications and review applicants on a continuous basis long enough to ensure a sufficient number of applicants;
(d) For the rejection of candidates or eligibles who fail to comply with reasonable requirements of the secretary in regard to such factors as age, physical condition, training, and experience, or who have attempted any deception or fraud in connection with an examination;
(e) Except as provided by this chapter, for the appointment of a person whose score is included in the five (5) highest scores earned on the examination;
(f) For annual, sick, and special leaves of absence, with or without pay, or reduced pay, after approval by the Governor as provided by KRS
18A.155(1)(d);
(g) For layoffs, in accordance with the provisions of KRS § 18A.113, by reasons of lack of work, abolishment of a position, a material change in duties or organization, or a lack of funds;
(h) For the development and operation of programs to improve the work effectiveness of employees in the state service, including training, whether in- service or compensated educational leave, safety, health, welfare, counseling, recreation, employee relations, and employee mobility without written examination;
(i) For a uniform system of annual employee evaluation for classified employees, with status, that shall be considered in determining eligibility for discretionary salary advancements, promotions, and disciplinary actions. The administrative regulations shall:
1. Require the secretary to determine the appropriate number of job categories to be evaluated and a method for rating each category;
2. Provide for periodic informal reviews during the evaluation period which shall be documented on the evaluation form and pertinent comments by either the employee or supervisor may be included;
3. Establish a procedure for internal dispute resolution with respect to the final evaluation rating;
4. Permit a classified employee, with status, who receives either of the two (2) lowest possible evaluation ratings to appeal to the Personnel Board for review after exhausting the internal dispute resolution procedure. The final evaluation shall not include supervisor comments on ratings other than the lowest two (2) ratings;
5. Require that an employee who receives the highest possible rating shall receive the equivalent of two (2) workdays, not to exceed sixteen (16) hours, credited to his or her annual leave balance. An employee who receives the second highest possible rating shall receive the equivalent of one (1) workday, not to exceed eight (8) hours, credited to his or her annual leave balance; and
6. Require that an employee who receives the lowest possible evaluation rating shall either be demoted to a position commensurate with the employee’s skills and abilities or be terminated; and
(j) For other administrative regulations not inconsistent with this chapter and
KRS Chapter 13A, as may be proper and necessary for its enforcement.
(8) For any individual hired or elected to office before January 1, 2015, and paid through the Kentucky Human Resources Information System, the Personnel Cabinet shall not require payroll payments to be made by direct deposit or require the individual to use a web-based program to access his or her salary statement.
(9) To the extent that KRS § 16.010 to KRS § 16.199, 16.080, and 16.584 and administrative regulations promulgated by the commissioner of the Department of Kentucky State
Police under authority granted in KRS Chapter 16 conflict with this section or any administrative regulation promulgated by the secretary pursuant to authority granted in this section, the provisions of KRS Chapter 16 shall prevail.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 35, sec. 6, effective June 29, 2023. — Amended
2022 Ky. Acts ch. 181, sec. 7, effective April 1, 2023. — Amended 2020 Ky. Acts ch.
107, sec. 3, effective July 15, 2020. — Amended 2016 Ky. Acts ch. 109, sec. 10, effective July 15, 2016; and ch. 110, sec. 11, effective July 15, 2016. — Amended
2015 Ky. Acts ch. 25, sec. 2, effective June 24, 2015. — Amended 2000 Ky. Acts ch.
501, sec. 1, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 154, sec. 25, effective July 15, 1998; ch. 487, sec. 2, effective July 15, 1998; and ch. 540, sec. 2, effective July 15, 1998. — Amended 1994 Ky. Acts ch. 486, sec. 35, effective July
15, 1994. — Amended 1990 Ky. Acts ch. 309, sec. 1, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 203, sec. 3, effective July 15, 1988; and ch. 414, sec. 1, effective July 15, 1988. — Amended 1986 Ky. Acts ch. 494, sec. 17, effective July
15, 1986. — Repealed, reenacted, and amended as KRS § 18A.110, 1982 Ky. Acts ch.
448. sec. 22, effective July 15, 1982. — Amended 1978 Ky. Acts ch. 269, sec. 4, effective June 17, 1978. — Amended 1976 Ky. Acts ch. 86, sec. 5, effective March
29, 1976. — Amended 1974 Ky. Acts ch. 110, sec. 1; ch. 162, sec. 5; and ch. 308, sec. 12. — Created 1960 Ky. Acts ch. 63, sec. 9.
Formerly codified as KRS § 18.210.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, C, 2, (1) at 1658.
Legislative Research Commission Note (7/15/2016). This statute was amended in 2016
Ky. Acts ch. 109, sec. 10 and ch. 110, sec. 11. 2016 Ky. Acts ch. 110, sec. 15 provided that ch. 110 takes precedence over ch. 109. Chapter 110 was also the later- passed bill. Therefore, 2016 Ky. Acts ch. 110, sec. 11 has been codified and 2016
Ky. Acts ch. 109, sec. 10 has not.
Legislative Research Commission Note (7/15/98). This section was amended by 1998
Ky. Acts chs. 154, 487, and 540. Where these Acts are not in conflict, they have been codified together. Where a conflict exists between Acts chs. 154 and 540, Acts ch. 540, which was last enacted by the General Assembly, prevails under KRS
446.250.