101 Ky. Admin. Regs. 1:335

Current through Register Vol. 51, No. 5, November 1, 2024

Section 101 KAR 1:335 - Employee actions

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.

101 KAR 1:335

15 Ky.R. 1715; Am. 2008; eff. 3-9-89; 17 Ky.R. 95; eff. 9-12-90; 19 Ky.R. 1633; 2234; eff. 4-7-93; 20 Ky.R. 826; 1567; eff. 12-6-93; 24 Ky.R. 1751; 2106; eff. 4-13-98; 34 Ky.R. 2419; 35 Ky.R. 256; eff. 9-5-08; 38 Ky.R. 809; 1115; eff. 1-6-12; Certified to be amended; filing deadline 8-25-2021; 48 Ky.R. 1220, 2190; eff. 5/3/2022.

STATUTORY AUTHORITY: KRS 18A.075, 18A.0751(1), (4)