KRS § 67A.270 — KY Code / Title IX / Chapter 67A / Section 67A.270
67A.270 Appointments -- Promotions -- Reinstatements
Status: in_force

67A.270 Appointments -- Promotions -- Reinstatements.

(1) The appointing authority shall make all civil service appointments, and the

appointments shall be made only from the list of applicants certified by the civil

service commission after examination. Appointments shall be made only by the

selection of one (1) applicant from the list, except as provided in subsections (6)

and (7) of this section.

(2) Whenever it is imperative to fill a vacancy in classified civil service before the

commission can certify a list of persons eligible for appointment after competitive

examination, the appointing authority shall nominate a competent person from the

same class or next lower rank to the commission and if certified by the commission

as qualified he may be appointed temporarily to fill the vacancy until an

appointment can be made after competitive examination. Temporary appointments

hereunder and under subsection (3) of this section shall continue only until a regular

appointment can be made from the eligible list prepared by the commission.

(3) In the circumstances described in subsection (2) of this section, when no one upon

the eligible list, or by promotion from the same class or the next lower rank is

available, competent and qualified, a temporary appointment may be made by the

appointing authority without examination. In no case shall appointment hereunder

or under subsection (2) of this section continue longer than ninety (90) days; and in

no case shall successive appointments be made of the same person or other persons,

to such vacancies, except hereunder or under subsection (2) of this section.

(4) Where the service to be rendered by an appointee in the classified service is for a

temporary period as provided herein, the appointing authority shall select for that

temporary service a person on the list of those eligible for permanent appointment,

if such person accepts such appointment. Successive temporary appointments to the

same position shall not be made under this provision. The acceptance or refusal by

an eligible applicant of a temporary appointment shall not affect his standing on the

register for permanent employment, nor shall temporary service be counted as part

of the probationary service in case of subsequent appointment to a permanent

position.

(5) Temporary appointments made by reason of these provisions, made necessary by

reason of illness or disability of regular employees, may continue during such

period of disability, but shall continue only during such period of disability and in

no case longer than nine (9) months. No other temporary appointments other than

those provided for herein may be made, except that seasonal appointments may be

made for periods not in excess of six (6) months.

(6) Seniority, in the executive unit in which the vacancy occurs, and seniority in the

level or rank of employment nearest the level or rank in which the vacancy occurs,

shall each be given material consideration in filling such vacancies as shall occur in

the classified civil service. Within six (6) months after June 21, 1974, or within six

(6) months after the effective date of the urban-county government, there shall be

established by comprehensive plan or ordinance (which function may be delegated

to the commission, or to the executive unit charged with personnel matters subject

to the control of the commission), a plan which in definite terms complies with this

subsection. The said plan may be amended from time to time in accordance with the

comprehensive plan or ordinance, but the effective date of any alteration therein

shall be no sooner than 180 days after its adoption. Such plan shall provide for and

describe in reasonable detail the circumstances, if any, under which the seniority

described therein shall be the sole criteria for promotion, and the circumstances in

which it will not, and in the latter case, shall provide a reasonably definite method

by which applicants shall be entitled to an increase on their examination or

evaluation scores by reason of such seniority, the relative importance of each such

type of seniority in such determination, and the percentage increase in such scores

for such seniority. The Circuit Court of the county in which the urban-county

government is located shall have jurisdiction to determine the reasonableness of

such plan and alterations thereto, and its compliance with the principles set out in

this subsection.

(7) In case of vacancy in the classified service, where peculiar and exceptional

qualifications of a particular professional or educational character are required,

upon satisfactory evidence that for reasons stated in writing by the appointing

authority the commission may suspend the provisions requiring competitive

examination under civil service.

(8) The legislative body may by ordinance provide that any person who successfully

completed his probationary period and subsequently ceased working in a position in

the classified civil service, for reasons other than dismissal, may be restored to the

office or position he formerly held if he so requests in writing to the appointing

authority. Such person shall be eligible for reinstatement for a period of one (1) year

following separation from the service and shall be reinstated only with the approval

of the appointing authority.