31.045 Transfer of employees of the Louisville and Jefferson County Public
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/ky/31-045A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Defender Corporation to the department -- Compensation -- Status -- Benefits
-- Transfer of property and assets.
(a)Effective July 1, 2024, employees of the Louisville and Jefferson County
Public Defender Corporation shall be transferred to the Department of Public
Advocacy within the Justice and Public Safety Cabinet.
(b)On or before April 30, 2024, the Department of Public Advocacy shall notify
each employee of the Louisville and Jefferson County Public Defender
Corporation of the position comparable to their existing position, if one exists,
or another position within the Department of Public Advocacy to which he or
she may transfer on July 1, 2024.
(c)No later than May 31, 2024, the Department of Public Advocacy shall submit
to the Personnel Cabinet a list of all employees who will transfer from the
Louisville and Jefferson County Public Defender Corporation to the
department along with 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.
(d)The Personnel Cabinet shall assist the Department of Public Advocacy in
implementing this section.
(2)An employee transferred pursuant to subsection
(1)of this section shall:
(a)Be compensated by the Department of Public Advocacy at a salary no less
than his or her salary in effect with the Louisville and Jefferson County Public
Defender Corporation as of April 30, 2024, except an employee who is
scheduled to complete employment probation as provided under subsection
(3)of this section between May 1, 2024, and July 1, 2024, shall be
compensated at a salary no less than his or her salary after completion of
probation; and
(b)1. Retain his or her leave time balances accumulated as of the employee's
last date of employment with the Louisville and Jefferson County Public
Defender Corporation.
2. For any accumulated leave in a category that is different from a type of
leave available to state employees under KRS Chapter 18A, the
Personnel Cabinet shall determine which type of leave to convert the
transferred leave.
3. When computing months of service for the purpose of determining leave
time accumulation for an employee transferred under subsection
(1)of
this section, the employee's service begins on the earlier of the date of
initial employment with the Louisville and Jefferson County Public
Defender Corporation or the date of employment with a state agency.
(3)Notwithstanding KRS 18A.111, employees transferred pursuant to subsection
(1)of
this section:
(a)Who are appointed to classified positions within the Department of Public
Advocacy and who are not on employment probation with the Louisville and
Jefferson County Public Defender Corporation as of the date of transfer to the
Department of Public Advocacy shall be appointed with status as defined in
KRS 18A.005 without an initial probationary period; and
(b)Who are appointed to classified positions within the Department of Public
Advocacy and who are on employment probation with the Louisville and
Jefferson County Public Defender Corporation as of the date of transfer to the
Department of Public Advocacy shall be subject to an initial probationary
period which shall terminate on the date probation was originally scheduled to
terminate with the Louisville and Jefferson County Public Defender
Corporation or six
(6)months after the date of transfer to the Department of
Public Advocacy, whichever is earlier.
The Department of Public Advocacy shall include the probationary status and
scheduled probation termination of each employee in its list of employees
submitted to the Personnel Cabinet pursuant to subsection
(1)of this section.
(4)Employees transferred pursuant to subsection
(1)of this section shall be eligible to
participate in the state-sponsored life and health insurance benefit programs
administered by the Personnel Cabinet under KRS Chapter 18A. Employees shall
be eligible for coverage under the life and health insurance programs effective July
1, 2024, and shall not be subject to any waiting period that may be otherwise
applicable to participation in these programs.
(a)Employees transferred pursuant to subsection
(1)of this section shall
participate in the Kentucky Employees Retirement System as nonhazardous
members pursuant to KRS 61.510 to 61.705.
(b)For purposes of KRS 61.510 to 61.705, the membership date of an employee
transferred pursuant to subsection
(1)of this section shall be the earlier of:
1. The date upon which the employee began participating in the Kentucky
Employees Retirement System, State Police Retirement System, County
Employees Retirement System, or other state-administered retirement
system; or
2. The date the employee began employment with the Louisville and
Jefferson County Public Defender Corporation.
(6)Notwithstanding KRS Chapter 45, 45A, 56, 65, 67, 67C, or 273, or any other
provision of law to the contrary:
(a)Any lease in the name of the Louisville and Jefferson County Public Defender
Corporation in effect on June 30, 2024, relating to real property, equipment,
goods, or other property, and any contract to which the Louisville and
Jefferson County Public Defender Corporation is a party in effect on June 30,
2024, shall be transferred to the Department of Public Advocacy effective
July 1, 2024, to the extent such leases or contracts are transferable or
assignable;
(b)A lease or contract transferred to and assumed by the Department of Public
Advocacy under paragraph
(a)of this subsection shall remain in place until its
date of expiration or termination, whichever occurs first; and
(c)Any equipment, goods, or other property owned in the name of the Louisville
and Jefferson County Public Defender Corporation may be transferred to the
Department of Public Advocacy, and any such equipment, goods, or property
so transferred by the Louisville and Jefferson County Public Defender
Corporation shall be assumed and retained by the Department of Public
Advocacy for use in Jefferson County and shall not be subject to transfer to
other divisions or departments within the Justice and Public Safety Cabinet or
cabinets within the executive branch of state government without the approval
of the public advocate.
(7)The transfer of personnel and any assets from Louisville and Jefferson County
Public Defender Corporation to the Department of Public Advocacy pursuant to this
section shall not create a parent and subsidiary relationship, agency relationship, or
any relationship under a respondeat superior theory or any other similar theory,
either before or after the effective date of the transfer. The Department of Public
Advocacy shall not be liable for any damages, losses, or injuries as the result of an
act, omission, or negligence by the Louisville and Jefferson County Public
Defender Corporation, its board of directors, officers, employees, agents,
contractors, or any other person carrying out the mission of the Louisville and
Jefferson County Public Defender Corporation. Claims made against the Louisville
and Jefferson County Public Defender Corporation shall not be the responsibility of
the Department of Public Advocacy, the insurer of any insurance policy maintained
by the Department of Public Advocacy, or the Office of Claims and Appeals.