Section 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;(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; and3. 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; and6. 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.Amended by 2022 Ky. Acts ch. 181,§ 7, eff. 4/1/2023.Amended by 2020 Ky. Acts ch. 107,§ 3, eff. 7/14/2020.Amended by 2016 Ky. Acts ch. 109,§ 5, eff. 7/14/2016.Amended by 2016 Ky. Acts ch. 110,§ 11, eff. 7/14/2016.Amended by 2015 Ky. Acts ch. 25,§ 2, eff. 6/22/2015.Effective:7/14/2000
Amended 2000, Ky. Acts ch. 501, sec. 1, effective7/14/2000. -- Amended 1998, Ky. Acts ch. 154, sec. 25, effective 7/15/1998; ch. 487, sec. 2, effective 7/15/1998; and ch. 540, sec. 2, effective 7/15/1998. -- Amended 1994 Ky. Acts ch. 486, sec. 35, effective 7/15/1994. -- Amended 1990 Ky. Acts ch. 309, sec. 1, effective 7/13/1990. -- Amended 1988 Ky. Acts ch. 203, sec. 3, effective 7/15/1988; and ch. 414, sec. 1, effective 7/15/1988. -- Amended 1986 Ky. Acts ch. 494, sec. 17, effective 7/15/1986. -- Repealed, reenacted, and amended as KRS 18A.110, 1982 Ky. Acts ch. 448. sec. 22, effective 7/15/1982. -- Amended 1978 Ky. Acts ch. 269, sec. 4, effective 6/17/1978. -- Amended 1976 Ky. Acts ch. 86, sec. 5, effective 3/29/1976. -- Amended 1974 Ky. Acts ch. 110, sec. 1; ch. 162, sec. 5; and ch. 308, sec. 12. -- Created 1960 Ky. Acts ch. 63, sec. 9.