RELATES TO:
KRS
18A.075(1)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
18A.075(1) requires the
Personnel Board to promulgate comprehensive administrative regulations
consistent with the provisions of
KRS
18A.005 through
18A.200.
KRS
18A.0751(1) and (4) require
the Personnel Board to promulgate administrative regulations for the classified
service governing demotion, transfer, reinstatement, and discipline. This
administrative regulation establishes the method for determining an employee's
work station, the requirements governing a demotion, transfer, or reinstatement
of an employee, and requirements relating to written reprimands.
Section 1. Work Station.
(1) The official work station of an employee
assigned to an office shall be the street address where the office is
located.
(2) The official work
station of a field employee shall be that address to which the employee is
assigned at the time of appointment to the employee's current
position.
(3) Except as established
by Sections 2, 3, and 4 of this administrative regulation, an appointing
authority may assign an employee to work at a site other than his or her
current work station if the:
(a) Site is
within the employee's county of employment; and
(b) Assignment is not a transfer, demotion,
or reinstatement.
Section
2. Demotion.
(1) A demotion for
cause shall be intra-agency.
(2)
Voluntary demotion.
(a) A voluntary demotion
shall be made if an employee with status requests a voluntary demotion on the
Voluntary Transfer/ Demotion/ Promotion Employee Agreement Form incorporated by
reference by the Personnel Cabinet in
101 KAR
2:034.
(b)
The form shall include:
1. The effective date
of the demotion;
2. The position
from which the employee requests demotion;
3. The position to which the employee will be
demoted;
4. The pay grade, salary,
and work week for the position to which the employee will be demoted;
and
5. A statement that the
employee waives the right to appeal the demotion.
(c) The agency shall forward a copy of the
form to the Personnel Cabinet Secretary.
(3) A voluntary demotion shall be interagency
or intra-agency.
Section
3. Transfers.
(1) The transfer of
an employee with status shall conform to the requirements established in this
section.
(2)
(a) A transfer shall be on a voluntary or
involuntary basis.
(b) An
appointing authority shall establish cause for selecting an employee for
involuntary transfer.
(c) If an
employee has not requested a transfer in writing, a transfer shall be deemed
involuntary.
(3)
Involuntary transfer, same county.
(a) Prior
to the effective date of an involuntary transfer to a position with a work
station in the same county, an employee shall receive a written notice of
involuntary transfer.
(b) The
notice shall:
1. Indicate that the employee:
a. Has been selected for transfer;
and
b. Is required to report to the
new work station; and
2.
State the:
a. New work station;
b. Reason for the transfer;
c. Effective date of the transfer;
and
d. Right of the employee to
appeal the transfer to the board within sixty (60) calendar days of receipt of
the notice of involuntary transfer, excluding the date the notice is
received.
(c)
A copy of the notice shall be forwarded to the Personnel Cabinet
Secretary.
(d) An employee shall
report to the new work station upon the date stated in the notice.
(4) Involuntary transfer, out of
county. If an involuntary transfer is to a position with a work station in a
different county:
(a) An employee shall be
entitled to travel expenses as established by
200
KAR 2:006;
(b) An employee shall receive a written
notice of involuntary transfer at least thirty (30) calendar days prior to the
effective date of the transfer; and
(c) The notice shall contain:
1. The information established in subsection
(3)(b) of this section; and
2. A
statement that the employee is entitled to reimbursement of travel expenses
incurred thirty (30) calendar days following the effective date of the
transfer.
(5)
An involuntary transfer shall be intra-agency.
(6) Voluntary transfer.
(a) Prior to a voluntary transfer, an
employee with status shall request a voluntary transfer on the Voluntary
Transfer/ Demotion/ Promotion Employee Agreement Form incorporated by reference
by the Personnel Cabinet in
101 KAR
2:034.
(b)
The form shall include:
1. The effective date
of the transfer;
2. The position
number and job classification from which the employee requests a
transfer;
3. The position number
and job classification to which the employee requests a transfer;
4. The pay grade, salary, and work week for
the position to which the employee will be transferred; and
5. A statement that the employee waives the
right to appeal the transfer.
(c) The agency shall forward a copy of the
form to the Personnel Cabinet Secretary.
(7) A voluntary transfer shall be interagency
or intra-agency.
Section
4. Reinstatement.
(1) A request
for reinstatement shall be submitted by the appointing authority to the
Personnel Cabinet Secretary.
(2)
The request shall include a finding that the candidate for reinstatement:
(a) Meets the current qualifications for the
job classification to which the employee is being reinstated; and
(b) Has previously held status at that grade
level or higher.
(3) If
the reinstatement is to a job classification outside of the job classification
where the employee has previously held status, the candidate shall pass the
appropriate examination, if applicable, prior to reinstatement.
(4) The request for reinstatement shall
contain a copy of the board's order ordering reinstatement, if
applicable.
Section 5.
Written Reprimand.
(1) An employee or former
employee may petition the Personnel Cabinet Secretary for removal of a written
reprimand and all related documentation from the employee's official personnel
file after a period of three (3) years from the date of the written reprimand.
(a) An employee's request shall not be
granted if the employee has received any disciplinary action or written
reprimand in the three (3) years prior to the request for removal.
(b) A petition for removal shall:
1. Be made by the employee and be dated and
signed; and
2. Include:
a. The employee's current position number,
job classification, agency, work phone number, and work address;
b. The employee's immediate supervisor at the
time of the petition for removal;
c. The date the written reprimand was
issued;
d. A statement by the
employee that the employee has not received any disciplinary actions or written
reprimands in the three (3) years prior to the petition; and
e. A statement that the information contained
in the petition is correct and complete to the best of the employee's
knowledge, and that the employee has provided notification of the petition to
the employee's current appointing authority.
(c) The petition for removal shall be mailed
by first-class mail, hand-delivered to the office of the Personnel Cabinet
Secretary, or submitted electronically as allowed by the Personnel Cabinet
Secretary.
(2) A
petition for removal of a written reprimand shall be approved by the Personnel
Cabinet Secretary before the reprimand removal.
(a) The Personnel Cabinet Secretary shall
approve or deny the petition for removal within thirty (30) calendar days of
receipt of the petition.
(b) If the
petition is denied, the Personnel Cabinet Secretary shall notify the employee
in writing and provide justification for denial. The decision by the secretary
with respect to the petition shall be final and not appealable to the Personnel
Board.
(c) If the petition is
approved, the Personnel Cabinet Secretary shall notify the employee and the
appointing authority of the employee's agency in writing of the
approval.
(3) Upon
removal from an employee's official personnel file maintained by the Personnel
Cabinet, a written reprimand shall be handled as established in this
subsection.
(a) The written reprimand shall be
delivered to the Office of Legal Services and remain in the custody and care of
the Office of Legal Services.
(b)
The Office of Legal Services shall maintain the written reprimand as
confidential work-product materials for the availability or use in any future
legal proceeding.
(c) If no legal
proceeding involving the employee's personnel file has been filed within five
(5) years of receipt, the written reprimand shall be permanently
destroyed.
(d) Upon removal from
the official personnel file, but prior to destruction, a written reprimand
shall not be considered as part of any personnel action.
(e) The employing agency shall be notified by
the Personnel Cabinet of the removal of a written reprimand from an employee's
official personnel file.