KRS § 18A.110 — KY Code / Title III / Chapter 18A / Section 18A.110
18A.110 Personnel secretary -- Regulatory authority -- Resolution of conflicting provisions of law
Status: in_force

18A.110 Personnel secretary -- Regulatory authority -- Resolution of conflicting

provisions of law.

(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 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.