KRS § 16.191 — KY Code / Title III / Chapter 16 / Section 16.191
16.191 Promotions for positions created under KRS 16.187
Status: in_force

16.191 Promotions for positions created under KRS 16.187.

(1) Commercial vehicle enforcement officers shall be promoted according to the terms

and conditions established by this subsection:

(a) Promotions to commercial vehicle enforcement sergeant within the

department shall be on the following terms and conditions:

1. In order to be eligible for the promotion, the applicant shall have served

as a commissioned commercial vehicle enforcement officer for at least

six (6) years;

2. Promotions made by the department for this position shall be based upon

the applicant's cumulative score computed from twenty-five percent

(25%) on personnel performance evaluation, thirty percent (30%) on job

simulation examination, and forty-five percent (45%) on a written

examination;

3. A promotional list shall be established and shall remain valid for one (1)

year. The promotional list shall consist of the numerical scores and

rankings of each applicant as provided by subparagraph 2. of this

paragraph. Promotions shall be made in consecutive order beginning

with the highest numerical ranking to fill an interim vacancy. If two (2)

or more applicants receive the same numerical score, the order of

placement on the list shall be determined by seniority of service. Upon

the determination of a new numerical ranking following a new

examination, all previous rankings shall be null and void;

4. The written examination for the applicant's cumulative score shall be

prepared and administered by an individual designated by the

commissioner. Materials and textbooks for the examination shall be

selected by the commissioner and his or her staff. At least three (3)

months prior to the examination date, the commissioner shall inform all

applicants of the exact material and textbooks from which test questions

will be taken and the minimum score required to be eligible for

placement on the promotional list. The written examination shall be

administered to all applicants at the same time and the applicant shall

receive his or her numerical score immediately upon completion of the

written examination. An applicant's numerical score shall remain valid

for a period of two (2) years following the date of the examination

unless the source material used as the basis for the test changes by more

than thirty percent (30%), provided the numerical score meets or

exceeds the minimum score set in subsection (2)(d) of this section;

5. The job simulation examination shall be evaluated by boards designated

by the commissioner that shall consist of:

a. The commissioner or his or her designee. The designee shall have

a rank no lower than commercial vehicle enforcement captain;

b. An officer from another police agency of the rank equal to the

position for which the applicant is competing;

c. An instructor from an accredited law enforcement education

program;

d. A personnel director from private industry; and

e. A commercial vehicle enforcement officer of the rank equal to the

position for which the applicant is competing;

6. The designated job simulation examination boards shall perform all

evaluations under guidelines developed and approved by the

commissioner; and

7. Personnel performance evaluations shall be made by the appropriate

supervisory personnel under procedures established and approved by the

commissioner;

(b) Promotions from commercial vehicle enforcement sergeant to commercial

vehicle enforcement lieutenant within the department shall be on the same

terms and conditions as promotions to sergeant. In addition, any applicant for

lieutenant shall have completed at least one (1) year of continuous service in

grade as a sergeant;

(c) Promotions from commercial vehicle enforcement lieutenant to commercial

vehicle enforcement captain within the department shall be on the same terms

and conditions as promotions to lieutenant. In addition, any applicant for

captain shall have completed at least one (1) year of continuous service in

grade as a lieutenant;

(d) The department shall develop and administer only one (1) test for each of the

ranks established by this subsection. All eligible applicants shall be permitted

to participate in the promotional process to the next highest position of

responsibility wherever a vacancy exists;

(e) Officers promoted to rank of sergeant, lieutenant, or captain shall serve a

probationary period for one (1) year of continuous service from the effective

date of their promotions, and may be reverted to their previous rank with or

without cause at any time during this period;

(f) Promotions to the rank of commercial vehicle enforcement major are

temporary and shall not be subject to the provisions for selection and

promotion as required by this subsection. All officers in such temporary

positions shall serve at the pleasure of the commissioner and shall revert to

their previous permanent rank upon the termination of their temporary

appointment;

(g) The total number of supervisory officers of all classifications established by

this subsection shall be limited to a ratio not to exceed one (1) supervisor for

every five (5) nonsupervisory officers; and

(h) No officer of the department, other than temporary positions above the rank of

captain, shall be promoted to the next highest rank without competing with

other officers as prescribed by the promotional procedure established by this

subsection.

(2) Promotions from hazardous devices investigator officer to hazardous devices

supervisor shall be on the following terms and conditions:

(a) The applicant shall have at least seven (7) years of experience involving

explosives or hazardous devices used in the areas of law enforcement, the

military, or firefighting;

(b) The applicant shall hold a current certification as a hazardous devices

technician issued by a national hazardous devices school;

(c) When there is a single applicant for a position, the applicant shall:

1. For a written examination, complete and achieve at least a minimum

score as determined by the commissioner in consultation with the

Kentucky State Police Promotional Review Board;

2. For a job simulation exercise, complete and achieve at least a minimum

score as determined by the commissioner in consultation with the

Kentucky State Police Promotional Review Board;

3. For a personnel performance evaluation, achieve a minimum score as

determined by the commissioner in consultation with the Kentucky State

Police Promotional Review Board; and

4. Submit to an oral interview before a board of supervisory personnel

designated by the commissioner;

(d) When there are multiple applicants for a position, promotions shall be based

upon a cumulative score computed from twenty-five percent (25%) on

personnel performance evaluation, thirty percent (30%) on job simulation

examination, and forty-five percent (45%) on a written examination on which

the applicant achieved at least a minimum score as determined by the

commissioner in consultation with the Kentucky State Police Promotional

Review Board. If an applicant is not employed by the department, job

evaluations from past employers shall substitute for the personnel

performance evaluation on a scale established by department's human

resources branch;

(e) Personnel performance evaluations shall be made by the appropriate

supervisory personnel under procedures established and approved by the

commissioner; and

(f) The commissioner may appoint a hazardous devices supervisor from outside

of the department if the applicant meets the minimum requirements for

promotion from hazardous devices investigator to hazardous devices

supervisor as provided by this subsection.

(3) Facilities security officers shall be promoted according to the terms and conditions

established by this subsection:

(a) Promotions to facilities security sergeant within the department shall be on the

following terms and conditions:

1. The applicant shall have served as either a facilities security officer for

at least two (2) years or possess at least two (2) years of other law

enforcement or security services experience;

2. The applicant shall complete and pass a written examination established

by the department;

3. When there are multiple applicants for a position, promotions shall be

based upon a cumulative score computed from sixty percent (60%) on

personnel performance evaluation and forty percent (40%) on a written

examination. If an applicant is not employed by the department, job

evaluations from past employers shall substitute for the personnel

performance evaluation on a scale established by the department's

human resources branch; and

4. Personnel performance evaluations shall be made by the appropriate

supervisory personnel under procedures established and approved by the

commissioner; and

(b) Promotions or appointments to facilities security lieutenant within the

department shall be on the following terms and conditions:

1. The applicant shall have served as either a facilities security officer for

at least three (3) years or possess at least three (3) years of other law

enforcement or security services experience;

2. The applicant shall have at least two (2) years previous supervisory

experience in a law enforcement or security services position;

3. The applicant shall complete and pass a written examination established

by the department;

4. When there are multiple applicants for a position, promotions shall be

based upon a cumulative score computed from sixty percent (60%) on

personnel performance evaluation and forty percent (40%) on a written

examination. If an applicant is not employed by the department, job

evaluations from past employers shall substitute for the personnel

performance evaluation on a scale established by the department's

human resources branch; and

5. Personnel performance evaluations shall be made by the appropriate

supervisory personnel under procedures established and approved by the

commissioner.

(4) There shall be no discrimination based on race, sex, age, national origin, color,

religion, creed, or political affiliation with respect to the department promotional

system. All personnel actions are to be based solely on merit.