18A.115 Employment exempted from classified service -- Reversion rights of
1,583 words·~7 min read·
/ky/18a-115A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 -- Change of personnel system for some
employees of Eastern Kentucky University.
(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;
(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 or her 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 subparagraph
for an additional five
(5)year period;
(i)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;
(j)Physicians employed as such;
(k)One
(1)private secretary for each person exempted under subsection (1)(e),
(g), and
(h)of this section;
(l)The judicial department, referees, receivers, jurors, and notaries public;
(m)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;
(n)Patients or inmates employed in state institutions;
(o)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;
(p)Interim employees;
(q)Officers and members of the state militia;
(r)Department of Kentucky State Police troopers;
(s)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;
(t)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);
(u)Staff members of the Kentucky Historical Society, if they are hired in
accordance with KRS 171.311;
(v)County and Commonwealth's attorneys and their respective appointees;
(w)Chief district engineers and the state highway engineer;
(x)Employees of the Kentucky Horse Racing and Gaming Corporation;
(y)Employees of the Kentucky Peace Corps;
(z)Employees of the Council on Postsecondary Education;
(aa)Executive director of the Commonwealth Office of Technology;
(ab)Employees of Serve Kentucky;
(ac)Persons employed in certified teaching positions at the Kentucky School for
the Blind and the Kentucky School for the Deaf;
(ad)Federally funded time-limited employees as defined in KRS 18A.005; and
(ae)Employees of the Department of Agriculture who are employed to support the
Agricultural Development Board and the Kentucky Agricultural Finance
Corporation.
(2)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.
(3)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.
(4)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.
(5)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.
(6)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.
(7)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.
(8)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.
(9)On May 1, 2017, all contract employees of Eastern Kentucky University who are
engaged in providing instructional and support services to the Department of
Criminal Justice Training shall be transferred to the personnel system under KRS
Chapter 18A. 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 for Eastern Kentucky
University and under KRS Chapter 18A shall exercise the necessary administrative
procedures to effect the change in personnel authority. No employee shall suffer
any penalty in the transfer.
(10)On July 1, 2024, all employees of the Louisville and Jefferson County Public
Defender Corporation shall be transferred to the personnel system under KRS
Chapter 18A. Records of each employee's job classification, compensation, dates of
employment, dates of professional licensure, probationary status, accumulated leave
balances by category, months of service, and any other information necessary under
KRS Chapter 18A shall be transferred. The personnel officers who administer the
personnel systems for the Louisville and Jefferson County Public Defender
Corporation and under KRS Chapter 18A shall exercise the necessary
administrative procedures to effect the change in the personnel authority. No
employee shall suffer any penalty in the transfer.