2014 Kentucky Revised Statutes CHAPTER 18A - STATE PERSONNEL 18A.115 Employment exempted from classified service -- Reversion rights of career employees promoted outside classified service -- Transfer of employees to Kentucky Community and Technical College System -- Change of personnel system for employees of Department for Technical Education and Department for Adult Education and Literacy.
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18A.115 Employment exempted from classified service -- Reversion rights of
career employees promoted outside classified service -- Transfer of
employees to Kentucky Community and Technical College System -Change of personnel system for employees of Department for Technical
Education and Department for Adult Education and Literacy.
(1)
The classified service to which KRS 18A.005 to 18A.200 shall apply shall
comprise all positions in the state service now existing or hereafter established,
except the following:
(a) The General Assembly and employees of the General Assembly,
including the employees of the Legislative Research Commission;
(b) Officers elected by popular vote and persons appointed to fill vacancies in
elective offices;
(c) Members of boards and commissions;
(d) Officers and employees on the staff of the Governor, the Lieutenant
Governor, the Office of the Secretary of the Governor's Cabinet, and the
Office of Program Administration;
(e) Cabinet secretaries, commissioners, office heads, and the administrative
heads of all boards and commissions, including the executive director of
Kentucky Educational Television and the executive director and deputy
executive director of the Education Professional Standards Board;
(f) Employees of Kentucky Educational Television who have been
determined to be exempt from classified service by the Kentucky
Authority for Educational Television, which shall have sole authority over
such exempt employees for employment, dismissal, and setting of
compensation, up to the maximum established for the executive director
and his principal assistants;
(g) One (1) principal assistant or deputy for each person exempted under
subsection (1)(e) of this section;
(h) One (1) additional principal assistant or deputy as may be necessary for
making and carrying out policy for each person exempted under
subsection (1)(e) of this section in those instances in which the nature of
the functions, size, or complexity of the unit involved are such that the
secretary approves such an addition on petition of the relevant cabinet
secretary or department head and such other principal assistants,
deputies, or other major assistants as may be necessary for making and
carrying out policy for each person exempted under subsection (1)(e) of
this section in those instances in which the nature of the functions, size,
or complexity of the unit involved are such that the board may approve
such an addition or additions on petition of the department head approved
by the secretary. Effective August 1, 2010:
1.
All positions approved under this paragraph prior to August 1, 2010,
shall be abolished effective December 31, 2010, unless reapproved
under subparagraph 2. of this paragraph; and
2.
A position approved under this paragraph on or after August 1,
2010, shall be approved for a period of five (5) years, after which
time the position shall be abolished unless reapproved under this
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(ab)
(ac)
subparagraph for an additional five (5) year period;
Division directors subject to the provisions of KRS 18A.170. Division
directors in the classified service as of January 1, 1980, shall remain in
the classified service;
Physicians employed as such;
One (1) private secretary for each person exempted under subsection
(1)(e), (g), and (h) of this section;
The judicial department, referees, receivers, jurors, and notaries public;
Officers and members of the staffs of state universities and colleges and
student employees of such institutions; officers and employees of the
Teachers' Retirement System; and officers, teachers, and employees of
local boards of education;
Patients or inmates employed in state institutions;
Persons employed in a professional or scientific capacity to make or
conduct a temporary or special inquiry, investigation, or examination on
behalf of the General Assembly, or a committee thereof, or by authority of
the Governor, and persons employed by state agencies for a specified,
limited period to provide professional, technical, scientific, or artistic
services under the provisions of KRS 45A.690 to 45A.725;
Interim employees;
Officers and members of the state militia;
Department of Kentucky State Police troopers;
University or college engineering students or other students employed
part-time or part-year by the state through special personnel recruitment
programs; provided that while so employed such aides shall be under
contract to work full-time for the state after graduation for a period of time
approved by the commissioner or shall be participants in a cooperative
education program approved by the commissioner;
Superintendents of state mental institutions, including heads of centers
for individuals with an intellectual disability, and penal and correctional
institutions as referred to in KRS 196.180(2);
Staff members of the Kentucky Historical Society, if they are hired in
accordance with KRS 171.311;
County and Commonwealth's attorneys and their respective appointees;
Chief district engineers and the state highway engineer;
Veterinarians employed as such by the Kentucky Horse Racing
Commission;
Employees of the Kentucky Peace Corps;
Employees of the Council on Postsecondary Education;
Executive director of the Commonwealth Office of Technology;
Employees of the Kentucky Commission on Community Volunteerism
and Service;
Persons employed in certified teaching positions at the Kentucky School
for the Blind and the Kentucky School for the Deaf; and
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(ad) Federally funded time-limited employees as defined in KRS 18A.005.
Nothing in KRS 18A.005 to 18A.200 is intended, or shall be construed, to alter
or amend the provisions of KRS 150.022 and 150.061.
Nothing in KRS 18A.005 to 18A.200 is intended or shall be construed to affect
any nonmanagement, nonpolicy-making position which must be included in the
classified service as a prerequisite to the grant of federal funds to a state
agency.
Career employees within the classified service promoted to positions exempted
from classified service shall, upon termination of their employment in the
exempted service, revert to a position in that class in the agency from which
they were terminated if a vacancy in that class exists. If no such vacancy
exists, they shall be considered for employment in any vacant position for
which they were qualified pursuant to KRS 18A.130 and 18A.135.
Nothing in KRS 18A.005 to 18A.200 shall be construed as precluding
appointing officers from filling unclassified positions in the manner in which
positions in the classified service are filled except as otherwise provided in
KRS 18A.005 to 18A.200.
The positions of employees who are transferred, effective July 1, 1998, from
the Cabinet for Workforce Development to the Kentucky Community and
Technical College System shall be abolished and the employees' names
removed from the roster of state employees. Employees that are transferred,
effective July 1, 1998, to the Kentucky Community and Technical College
System under KRS Chapter 164 shall have the same benefits and rights as
they had under KRS Chapter 18A and have under KRS 164.5805; however,
they shall have no guaranteed reemployment rights in the KRS Chapter 151B
or KRS Chapter 18A personnel systems. An employee who seeks
reemployment in a state position under KRS Chapter 151B or KRS Chapter
18A shall have years of service in the Kentucky Community and Technical
College System counted towards years of experience for calculating benefits
and compensation.
On August 15, 2000, all certified and equivalent personnel, all unclassified
personnel, and all certified and equivalent and unclassified vacant positions in
the Department for Adult Education and Literacy shall be transferred from the
personnel system under KRS Chapter 151B to the personnel system under
KRS Chapter 18A. The positions shall be deleted from the KRS Chapter 151B
personnel system. All records shall be transferred including accumulated
annual leave, sick leave, compensatory time, and service credit for each
affected employee. The personnel officers who administer the personnel
systems under KRS Chapter 151B and KRS Chapter 18A shall exercise the
necessary administrative procedures to effect the change in personnel
authority. No certified or equivalent employee in the Department for Adult
Education and Literacy shall suffer any penalty in the transfer.
On August 15, 2000, secretaries and assistants attached to policymaking
positions in the Department for Technical Education and the Department for
Adult Education and Literacy shall be transferred from the personnel system
under KRS Chapter 151B to the personnel system under KRS Chapter 18A.
The positions shall be deleted from the KRS Chapter 151B system. All records
shall be transferred including accumulated annual leave, sick leave,
compensatory time, and service credit for each affected employee. No
employee shall suffer any penalty in the transfer.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 5, effective July 12, 2012. -Amended 2010 Ky. Acts ch. 24, sec. 25, effective July 15, 2010; and ch. 153,
sec. 10, effective April 13, 2010. -- Amended 2007 Ky. Acts ch. 85, sec. 105,
effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 208, sec. 1, effective
July 12, 2006. -- Amended 2005 Ky. Acts ch. 85, sec. 43, effective June 20,
2005. -- Amended 2004 Ky. Acts ch. 127, sec. 3, effective July 13, 2004; and ch.
191, sec. 51, effective July 13, 2004. -- Amended 2001 Ky. Acts ch. 137, sec. 4,
effective June 21, 2001. -- Amended 2000 Ky. Acts ch. 203, sec. 6, effective
July 14, 2000; and ch. 526, sec. 16, effective July 14, 2000. -- Amended 1998
Ky. Acts ch. 540, sec. 4, effective July 15, 1998; and ch. 353, sec. 7, effective
July 15, 1998. -- Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 31,
effective May 30, 1997. -- Amended 1992 Ky. Acts ch. 100, sec. 11, effective
July 14, 1992. -- Amended 1990 Ky. Acts ch 159, sec. 1, effective March 30,
1990; and ch. 496, sec. 25, effective July 13, 1990. -- Amended 1986 Ky. Acts
ch. 494, sec. 18, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 253,
sec. 1, effective July 13, 1984; and ch. 350, sec. 10, effective July 13, 1984. -Repealed, reenacted, and amended as KRS 18A.115, 1982 Ky. Acts ch. 448,
sec. 23, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 98, sec. 3,
effective July 15, 1980; and ch. 132, sec. 2, effective July 15, 1980. -- Amended
1978 Ky. Acts ch. 155, sec. 18, effective June 17, 1978; and ch. 391, sec. 1,
effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 17,
sec. 18, effective January 1, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI,
sec. 32; ch. 162, sec. 3; and ch. 308, sec. 7. -- Amended 1972 Ky. Acts ch. 13,
sec. 2. -- Amended 1970 Ky. Acts ch. 278, sec. 1. -- Created 1960 Ky. Acts ch.
63, sec. 4.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, C, 2, (1) at 628.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, C, 2, (2) at 628.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, D, 10, (1) at 636.
Formerly codified as KRS 18.140.
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