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151B.045 Personnel files.
(1)
(2)
(3)
(4)
The records of the Office of Career and Technical Education shall be public records
and shall be open to public inspection, as provided in KRS 61.870 to 61.884.
(a) A personnel file shall be maintained by the Education and Workforce
Development Cabinet for each employee. The files maintained by the
Education and Workforce Development Cabinet shall be the official personnel
file for the employees.
(b) Each file shall include but not be limited to the employee's name, address, title
of positions held, classifications, rates of compensation, and all changes in
status, including evaluations, promotions, demotions, lay-offs, transfers,
disciplinary actions, commendations, and awards. Each file shall contain the
complete record and supporting documentation for each personnel action.
(c) When an employee is reprimanded for misconduct, other infraction, or failure
to perform duties in a proper or adequate manner, the supervising employee
taking the action shall document the action in detail, and shall provide the
employee with a copy of the documentation. The supervising employee shall
inform the employee of his or her right to prepare a written response to the
action taken after the employee has reviewed the written documentation
prepared by the supervising employee. The employee's response shall be
attached to the documentation prepared by the supervising employee. The
supervising employee shall place a copy of the documentation and response in
the employee's personnel file and shall transmit a copy to be placed in the
central office personnel file of the employee. The supervising employee shall
notify the employee that copies of the documentation and the response
provided for in this subsection have been placed in the employee's personnel
files.
Upon written request, an employee shall have the right to examine his or her
personnel file. An employee may comment in writing on any item in the file. The
comments shall be made a part of the file and shall be attached to the specific record
or document to which they pertain.
No public agency, as defined by KRS 61.870, and no officer or employee shall
deny, abridge, or impede the exercise of the rights granted in any manner by this
section and by KRS 61.878.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 11, sec. 16, effective June 25, 2009. -- Amended
2006 Ky. Acts ch. 211, sec. 26, effective July 12, 2006. -- Amended 2000 Ky. Acts
ch. 526, sec. 20, effective August 15, 2000. -- Amended 1994 Ky. Acts ch. 469,
sec. 11, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 470, sec. 7, effective
July 1, 1990.
2012-2014 Budget Reference. See State/Executive Branch Budget, 2012 Ky. Acts ch.
144, Pt. I, D, 8, (2) at 1114.
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