RELATES TO:
KRS
12.040,
12.050,
18A.110,
18A.115,
18A.155
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
18A.110(2) requires the
Secretary of Personnel to promulgate comprehensive administrative regulations
for the unclassified service.
KRS
18A.155(1) requires the
Secretary of Personnel to promulgate administrative regulations for persons in
positions as established in
KRS
18A.115(1)(g), (h), (i), (j), (k), (p), (t), and
(u). This administrative regulation
establishes requirements for the employment, promotion, transfer, or discipline
of employees in unclassified service.
Section
1. Appointment.
(1) An employee
appointed to a position in the unclassified service, subject to this
administrative regulation, shall meet the minimum requirements established for
the class of position to which the appointment is made.
(2) If an interim employee serves in an
interim capacity, the interim shall be for less than nine (9) full months in a
single department or office during a twelve (12) month period.
(3) An employee appointed to a position
subject to this administrative regulation shall serve at the will of the
appointing authority and shall be subject to termination without prior notice
or cause.
(4) If the appointment is
to a position requiring approval pursuant to
KRS
12.040 or
12.050,
approval shall be obtained prior to the effective date of the
appointment.
Section 2.
Promotion.
(1) A vacant graded position
subject to this administrative regulation, other than an interim position, may
be filled by promotion from the classified or unclassified service.
(2) If the promotion is to a position
requiring approval pursuant to
KRS
12.040 or
12.050,
approval shall be obtained prior to the effective date of the
promotion.
Section 3.
Transfer.
(1) A vacant position subject to
this administrative regulation, other than an interim position, may be filled
by transfer within the unclassified service, if in the best interest of the
agency.
(2) If the transfer is to a
position requiring approval pursuant to
KRS
12.040 or
12.050,
approval shall be obtained prior to the effective date of the
transfer.
Section 4.
Demotion.
(1) An employee subject to this
administrative regulation, other than an interim employee, may be demoted to
another position with or without cause on a voluntary or involuntary basis. An
involuntary demotion shall be done on an intra-agency basis only.
(2) If the demotion is to a position
requiring approval pursuant to
KRS
12.040 or
12.050,
approval shall be obtained prior to the effective date of the action.
Section 5. Detail to Special Duty.
(1) If the services of an employee subject to
this administrative regulation, other than an interim employee, are needed in a
vacant unclassified position within an agency other than the position to which
regularly assigned, the employee may be detailed to that position for a period
not to exceed one (1) year with approval of the Secretary of
Personnel.
(2) If the detail is to
a position requiring approval pursuant to
KRS
12.040 or
12.050,
approval shall be obtained prior to the effective date of the detail.
(3) The appointing authority shall notify the
employee, in writing, of:
(a) The detail to
special duty;
(b) The reasons for
the action; and
(c) The pay grade
of the position to which the employee is detailed, the work week, and the
salary.
Section
6. Temporary Overlap.
(1) For
training purposes or if it is in the best interests of the service, with the
approval of the secretary, an agency may place an employee, other than an
interim employee, in an unclassified position currently occupied by another
employee. If an employee is so placed, the period shall not exceed ninety (90)
calendar days.
(2) If the overlap
is in a position requiring approval pursuant to
KRS
12.040 or
12.050,
approval shall be obtained prior to the effective date of the action.
Section 7. Detail to Special Duty
with Temporary Overlap.
(1) For training
purposes or the best interest of the service, with the approval of the
secretary, an agency may detail an employee to a position currently occupied by
another employee. If an employee is so placed, the period shall not exceed
ninety (90) calendar days. This detail with temporary overlap shall not be
considered a part of the one (1) year detail to special duty to a vacant
position. The detail to special duty with temporary overlap shall be a separate
action.
(2) If the overlap is in a
position requiring approval pursuant to
KRS
12.040 or
12.050,
approval shall be obtained prior to the effective date of the action.
(3) The appointing authority shall notify the
employee, in writing, of:
(a) The detail to
special duty with temporary overlap;
(b) The reasons for the action; and
(c) The pay grade of the position to which
the employee is detailed with temporary overlap, the work week, and the
salary.
Section
8. Separations.
(1) Resignations
and retirement.
(a) An employee who decides to
terminate his or her service shall submit a written resignation or notice of
retirement to the appointing authority.
(b) A resignation or notice of retirement
shall be submitted at least fourteen (14) calendar days' before the final
working day. A copy of an employee's notice shall be attached to the separation
personnel action and placed in the personnel files maintained by the agency and
the Personnel Cabinet.
(c) Failure
of an employee to give fourteen (14) calendar days notice may result in
forfeiture of accrued annual leave, based on:
1. If the fourteen (14) day deadline was:
a. Practicable under the
circumstances;
b. Appropriate for
the situation; and c. Complied with; or
2. If the appointing authority and the
employee have agreed that the employee shall retain the leave.
(2) Termination. An
employee subject to this administrative regulation may be terminated with or
without cause.
(a) If the appointing authority
elects to terminate the employee for cause, the employee shall be provided with
notice in writing of the reasons for termination and of the employee's right to
appeal to the Personnel Board pursuant to
KRS
18A.095.
(b) If the appointing authority elects to
terminate the employee without cause, this decision shall be stated in the
written notice to the employee.