Kentucky Statutes 18A.140 – Prohibition against discrimination and political activities
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(1) No person shall be appointed or promoted to, or demoted or dismissed from, any position in the classified service, or in any way favored or discriminated against with respect to employment in the classified services because of his political or religious opinions, affiliations, ethnic origin, sex, race or disability. No person over the age of forty (40) shall be discriminated against because of age.
(2) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person.
(3) No employee in the classified service or member of the board or its executive director or secretary shall, directly or indirectly, pay or promise to pay any assessment for political purposes, or solicit or take any part in soliciting for any political party, or solicit or take any part in soliciting any political assessment, subscription, contribution, or service. No person shall solicit any political assessment, subscription, contribution, or service of any employee in the classified service.
(4) No employee in the classified service or member of the board or its executive director shall be a member of any national, state, or local committee of a political party, or an officer or member of a committee of a partisan political club, or a candidate for nomination or election to any paid partisan public office, or shall take part in the management or affairs of any political party or in any political campaign, except to exercise his right as a citizen privately to express his opinion and to cast his vote. Officers or employees of the classified service may be candidates for and occupy an elected office if the election is on a nonpartisan basis, the officers or employees have complied with the requirements of KRS § 61.080, and the duties of the elective office do not interfere with, or create any conflicts of interest with, the state duties of the officers or employees in the classified service. An employee shall give notice to his or her appointing authority of his or her intent to run for elective office upon filing to run for the office.
Effective: April 13, 2010
History: Amended 2010 Ky. Acts ch. 153, sec. 11, effective April 13, 2010. — Amended 1998 Ky. Acts ch. 154, sec. 35, effective July 15, 1998. — Amended 1994
Ky. Acts ch. 405, sec. 6, effective July 15, 1994. — Amended 1986 Ky. Acts ch. 494, sec. 19, effective July 15, 1986. — Repealed, reenacted, and amended as KRS
18A.140, 1982 Ky. Acts ch. 448, sec. 28, effective July 15, 1982. — Amended 1980
Ky. Acts ch. 132, sec. 5, effective July 15, 1980. — Amended 1978 Ky. Acts ch. 269, sec. 7, effective June 17, 1978. — Amended 1976 Ky. Acts ch. 86, sec. 10, effective March 29, 1976; and ch. 331, sec. 1, effective June 19, 1976. — Created 1960 Ky. Acts ch. 63, sec. 19.
Formerly codified as KRS § 18.310.
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. Although this section is included in 1986 Acts
ch. 494, sec. 19, the change in this section was deleted by conference committee amendment.
(2) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person.
Terms Used In Kentucky Statutes 18A.140
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appointing authority: means the agency head or any person whom he or she has authorized by law to designate to act on behalf of the agency with respect to employee appointments, position establishments, payroll documents, register requests, waiver requests, requests for certification, or other position actions. 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
- 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
- Committee amendment: An amendment recommended by a committee in reporting a bill or other measure.
- 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
- 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
- Secretary: means the secretary of the Personnel Cabinet as provided for in KRS
18A. 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
(3) No employee in the classified service or member of the board or its executive director or secretary shall, directly or indirectly, pay or promise to pay any assessment for political purposes, or solicit or take any part in soliciting for any political party, or solicit or take any part in soliciting any political assessment, subscription, contribution, or service. No person shall solicit any political assessment, subscription, contribution, or service of any employee in the classified service.
(4) No employee in the classified service or member of the board or its executive director shall be a member of any national, state, or local committee of a political party, or an officer or member of a committee of a partisan political club, or a candidate for nomination or election to any paid partisan public office, or shall take part in the management or affairs of any political party or in any political campaign, except to exercise his right as a citizen privately to express his opinion and to cast his vote. Officers or employees of the classified service may be candidates for and occupy an elected office if the election is on a nonpartisan basis, the officers or employees have complied with the requirements of KRS § 61.080, and the duties of the elective office do not interfere with, or create any conflicts of interest with, the state duties of the officers or employees in the classified service. An employee shall give notice to his or her appointing authority of his or her intent to run for elective office upon filing to run for the office.
Effective: April 13, 2010
History: Amended 2010 Ky. Acts ch. 153, sec. 11, effective April 13, 2010. — Amended 1998 Ky. Acts ch. 154, sec. 35, effective July 15, 1998. — Amended 1994
Ky. Acts ch. 405, sec. 6, effective July 15, 1994. — Amended 1986 Ky. Acts ch. 494, sec. 19, effective July 15, 1986. — Repealed, reenacted, and amended as KRS
18A.140, 1982 Ky. Acts ch. 448, sec. 28, effective July 15, 1982. — Amended 1980
Ky. Acts ch. 132, sec. 5, effective July 15, 1980. — Amended 1978 Ky. Acts ch. 269, sec. 7, effective June 17, 1978. — Amended 1976 Ky. Acts ch. 86, sec. 10, effective March 29, 1976; and ch. 331, sec. 1, effective June 19, 1976. — Created 1960 Ky. Acts ch. 63, sec. 19.
Formerly codified as KRS § 18.310.
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. Although this section is included in 1986 Acts
ch. 494, sec. 19, the change in this section was deleted by conference committee amendment.