Kentucky Statutes 18A.155 – Rules for unclassified employees
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(1) The secretary shall prepare and submit proposed administrative regulations to the
Governor for employees in unclassified positions enumerated in KRS
18A.115(1)(g), (h), (i), (j), (k), (p), (t), and (u). Such administrative regulations shall become effective after approval by the Governor and promulgation in accordance with KRS Chapters 12 and 13A. The administrative regulations shall provide:
(a) For the preparation, maintenance, and revision of a position classification plan for all aforementioned positions in the unclassified 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. After such classification plan has been approved by the Governor, the secretary shall allocate the positions of every employee in the unclassified service to one (1) of the classes of the plan. Any employee affected by the allocation of a position to a class shall, after filing with the secretary a written request for reconsideration thereof in such manner and form as the secretary may prescribe, be given a reasonable opportunity to be heard thereon by the secretary;
(b) For a pay plan for all aforementioned employees in the unclassified service, after consultation with appointing authorities and the state budget director, and taking 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; and
3. The state’s financial resources.
Such pay plan shall become effective only after it has been approved by the Governor after submission to him by the secretary. Amendments to the pay plan may 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 position in which he is employed;
(c) For transfer from a position in one (1) department to a similar position in another department involving similar qualifications, duties, responsibilities, and salary ranges;
(d) For annual, sick, and special leaves of absence, with or without pay, or reduced pay, after approval by the Governor as provided in subsection (1) of this section;
(e) For the development and operation of programs to improve the work effectiveness and morale of employees in the unclassified service, including training, safety, health, welfare, counseling, recreation, and employee relations; and
(f) For such other rules and administrative regulations not inconsistent with KRS
18A.005 to 18A.200, as may be proper and necessary for its enforcement.
(2) Nothing herein shall be construed to preclude the optional use of administrative regulations promulgated under this section on behalf of employees enumerated in
KRS § 18A.115(1)(a), (b), (d), (e), (p), (u), and (w) and on behalf of members of state boards and commissions who work on a full-time, salaried basis.
(3) Months of service earned as a contract employee of the Kentucky Department of Education shall be recognized and credited as service credit for calculating years of service in any public agency position held subsequent to the employment by contract. The provisions of this subsection are retroactive for employees hired in a public agency position on or after January 1, 1997.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 154, sec. 38, effective July 15, 1998; ch. 487, sec. 5, effective July 15, 1998; and ch. 540, sec. 5, effective July 15, 1998. — Amended 1986 Ky. Acts ch. 494, sec. 20, effective July 15, 1986. — Amended 1982
Ky. Acts ch. 52, sec. 2; and repealed, reenacted, and amended as KRS § 18A.155, ch.
448, sec. 31, effective July 15, 1982. — Amended 1978 Ky. Acts ch. 269, sec. 5. — Amended 1976 Ky. Acts ch. 86, sec. 7, effective March 29, 1976. — Amended 1974
Ky. Acts ch. 162, sec. 7; and ch. 308, sec. 13. — Created 1960 Ky. Acts ch. 63, sec.
9.
Formerly codified as KRS § 18.220.
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 (7/15/98). This section was amended by 1998
Ky. Acts chs. 154, 487, and 540 which do not appear to be in conflict and have been codified together.
Governor for employees in unclassified positions enumerated in KRS
Terms Used In Kentucky Statutes 18A.155
- 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
- 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
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Transfer: means a movement of any employee from one (1) position to another of the same grade having the same salary ranges, the same level of responsibility within the classified service, and the same salary received immediately prior to transfer. See Kentucky Statutes 18A.005
18A.115(1)(g), (h), (i), (j), (k), (p), (t), and (u). Such administrative regulations shall become effective after approval by the Governor and promulgation in accordance with KRS Chapters 12 and 13A. The administrative regulations shall provide:
(a) For the preparation, maintenance, and revision of a position classification plan for all aforementioned positions in the unclassified 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. After such classification plan has been approved by the Governor, the secretary shall allocate the positions of every employee in the unclassified service to one (1) of the classes of the plan. Any employee affected by the allocation of a position to a class shall, after filing with the secretary a written request for reconsideration thereof in such manner and form as the secretary may prescribe, be given a reasonable opportunity to be heard thereon by the secretary;
(b) For a pay plan for all aforementioned employees in the unclassified service, after consultation with appointing authorities and the state budget director, and taking 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; and
3. The state’s financial resources.
Such pay plan shall become effective only after it has been approved by the Governor after submission to him by the secretary. Amendments to the pay plan may 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 position in which he is employed;
(c) For transfer from a position in one (1) department to a similar position in another department involving similar qualifications, duties, responsibilities, and salary ranges;
(d) For annual, sick, and special leaves of absence, with or without pay, or reduced pay, after approval by the Governor as provided in subsection (1) of this section;
(e) For the development and operation of programs to improve the work effectiveness and morale of employees in the unclassified service, including training, safety, health, welfare, counseling, recreation, and employee relations; and
(f) For such other rules and administrative regulations not inconsistent with KRS
18A.005 to 18A.200, as may be proper and necessary for its enforcement.
(2) Nothing herein shall be construed to preclude the optional use of administrative regulations promulgated under this section on behalf of employees enumerated in
KRS § 18A.115(1)(a), (b), (d), (e), (p), (u), and (w) and on behalf of members of state boards and commissions who work on a full-time, salaried basis.
(3) Months of service earned as a contract employee of the Kentucky Department of Education shall be recognized and credited as service credit for calculating years of service in any public agency position held subsequent to the employment by contract. The provisions of this subsection are retroactive for employees hired in a public agency position on or after January 1, 1997.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 154, sec. 38, effective July 15, 1998; ch. 487, sec. 5, effective July 15, 1998; and ch. 540, sec. 5, effective July 15, 1998. — Amended 1986 Ky. Acts ch. 494, sec. 20, effective July 15, 1986. — Amended 1982
Ky. Acts ch. 52, sec. 2; and repealed, reenacted, and amended as KRS § 18A.155, ch.
448, sec. 31, effective July 15, 1982. — Amended 1978 Ky. Acts ch. 269, sec. 5. — Amended 1976 Ky. Acts ch. 86, sec. 7, effective March 29, 1976. — Amended 1974
Ky. Acts ch. 162, sec. 7; and ch. 308, sec. 13. — Created 1960 Ky. Acts ch. 63, sec.
9.
Formerly codified as KRS § 18.220.
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 (7/15/98). This section was amended by 1998
Ky. Acts chs. 154, 487, and 540 which do not appear to be in conflict and have been codified together.