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Title 101 | Chapter 002 | Regulation 095

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PERSONNEL CABINET
(Amendment)

101 KAR 2:095.Classified service general requirements.

RELATES TO:

KRS 18A.030(2), 18A.110, 26 U.S.C. 501(c)(3)

STATUTORY AUTHORITY:

KRS 18A.030, 18A.110

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 18A.110 requires the Secretary of Personnel to promulgate comprehensive administrative regulations for the classified service. This administrative regulation establishes requirements for the classified service and governs the maintenance of employee and other records and reports in the cabinet and other conditions of employment.

Section 1.

Definitions.

(1)

"Charitable federation" means a legally constituted grouping, made up of or supporting at least ten (10) health and human welfare organizations, all of which:

(a)

Qualify as exempt voluntary charitable organizations pursuant to 26 U.S.C. 501(c)(3); and

(b)

Have a substantial Kentucky presence.

(2)

"Designated nonprofit agency" means an organization with proof of tax-exempt status pursuant to 26 U.S.C. 501(c)(3) written in on a pledge card by a state employee as a choice to receive contributions.

(3)

"State employee" means a person, including an elected public official, who is employed by a department, board, agency, or branch of state government, except one relating to a state college or university.

(4)

"Substantial Kentucky presence" means a facility, staffed by professionals or volunteers, available to provide its services and open at least fifteen (15) hours a week and with a regional or statewide presence that meets the requirements of Section 2(2) of this administrative regulation.

Section 2.

Requirements for the Kentucky Employees Charitable Campaign.

(1)

General Purpose. The purpose of the Kentucky Employees Charitable Campaign shall be to:

(a)

Provide an opportunity for employees to contribute to eligible Kentucky organizations through the state's payroll deduction process;

(b)

Ensure accountability for participants in regard to the funds raised;

(c)

Encourage the involvement of state employees as responsible citizens;

(d)

Give recognition to state employee volunteers; and

(e)

Minimize workplace disruption and administrative costs to Kentucky taxpayers by allowing only one (1) statewide payroll deduction charitable solicitation per year.

(2)

An organization shall be considered to have a substantial Kentucky presence if the requirements established in this subsection are met.

(a)

Services shall be available to state employees in the local community.

(b)

Services shall directly benefit human beings whether children, youth, adults, the aged, the ill and infirm, or the mentally or physically disabled.

(c)

Services shall consist of:

1.

Care, research, education, or prevention in the fields of human health or social adjustment and rehabilitation;

2.

Relief for victims of natural disasters and other emergencies; or

3.

Assistance to those who are impoverished and in need of food, shelter, clothing, and basic human welfare services.

(3)

The secretary shall approve a charitable organization for participation in the campaign if the charitable organization demonstrates:

(a)

Proof of tax exempt status pursuant to 26 U.S.C. 501(c)(3);

(b)

Proof of current registration and compliance with the reporting requirements of the Secretary of State and the Office of the Attorney General;

(c)

Proof of financial responsibility, including:

1.

Adoption of a detailed annual budget;

2.

Use of generally accepted accounting principles and procedures;

3.

The board of directors' approval for deviations from the approved budget; and

4.

An annual financial audit;

(d)

Proof of direction by an active volunteer board of directors, which shall meet regularly and whose members shall serve without compensation;

(e)

A written nondiscrimination policy;

(f)

Public disclosure of fundraising administrative costs with a statement demonstrating that, if fund and administrative expenses are in excess of twenty-five (25) percent of total support and revenue, actual expenses for those purposes are reasonable under all the circumstances in its case; and

(g)

Publication of an annual report available to the general public, which includes a full description of the organization's Kentucky activities including fundraising activities.

(4)

A charitable federation may apply on behalf of all its member organizations if both the federation and all federation members meet the criteria established in subsection (3) of this section.

(5)

Authority of the Secretary of Personnel.

(a)

The Secretary of Personnel shall have the full authority over the procedures and policies relating to the operation of the Kentucky Employees Charitable Campaign.

(b)

The secretary shall designate a group of state employees to compose the Kentucky Employees Charitable Campaign Committee to make recommendations on related matters.

(c)

The committee shall be composed of a cross-section of state employees, involving the large cabinets and small agencies.

(d)

The chair of the committee shall be appointed by the secretary.

(6)

Functions of the committee. The committee shall make recommendations on:

(a)

The designation of a campaign administrator who shall:

1.

Serve for a minimum period of two (2) years; and

2.

Be charged to manage and administer the charitable fund campaign for the Commonwealth, subject to the direction and control of the Secretary of Personnel. The campaign administrator shall have statewide workplace campaign experience and have the necessary staff and volunteer support to administer the Kentucky Employees Charitable Campaign;

(b)

The establishment of minimum amount, based on cost effectiveness, that an employee may authorize to be deducted for each approved charitable federation;

(c)

The format of the brochure, pledge card, or other promotional materials for the annual campaign;

(d)

The dates and duration of the campaign;

(e)

The annual campaign budget submitted by the campaign administrator; and

(f)

The costs of the campaign, which shall be:

1.

Detailed in the budget; and

2.

Borne by each recipient organization proportionally.

(7)

Charitable federations to apply for statewide campaign.

(a)

A federation desiring inclusion shall apply by February 15 of each year.

(b)

A federation that has previously participated in the campaign shall update its application with a letter and a copy of the most recent year's audit.

(c)

A charitable organization that has previously participated in the campaign shall be eligible if it fulfills all conditions of eligibility.

(8)

The campaign administrator. The campaign administrator shall:

(a)

Provide staffing to manage and administer the annual campaign, which includes preparing drafts of campaign materials for consideration by the Secretary of Personnel;

(b)

Serve as the central accounting point for both campaign cash and for payroll deductions received from the Personnel Cabinet including:

1.

The preparation and submission of an annual campaign budget. Costs of the campaign shall be divided among recipient organizations; and

2.

A separate account maintained for managing the income and expenses of the campaign;

(c)

Distribute campaign funds received from the Personnel Cabinet to participating organizations in accordance with agreed upon time periods. This shall include distribution of funds to designated nonprofit agencies;

(d)

Provide an end-of-campaign report to the Secretary of Personnel and to participating organizations; and

(e)

Annually furnish a financial statement prepared by a certified public accountant.

Section 3.

Attendance; Hours of Work.

(1)

The number of hours a full-time employee shall be required to work shall be thirty-seven and one-half (37 1/2) hours per week or forty (40) hours per week, unless specified otherwise by the appointing authority or the statutes.

(2)

The normal work day shall be from:

(a)

8 a.m. to 4:30 p.m., local time, Monday through Friday, for a thirty-seven and one-half (37 1/2) hour work schedule; or

(b)

8 a.m. to 5 p.m., local time, Monday through Friday, for a forty (40) hour work schedule.

(3)

An appointing authority may require an employee to work hours and days other than regular days and hours, including an overtime or inclement weather schedule if it is in the best interest of the agency.

(4)

An employee who works for an agency that requires more than one (1) shift or seven (7) days a week operation may be reassigned from one (1) shift to another or from one (1) post to another or alternate days off by the agency to meet staffing requirements or to maintain security or provide essential services of the agency.

(5)

An employee shall give reasonable notice in advance of absence from an official work station or alternate work station.

Section 2.Section 4.

Official Work Station, Alternate Work Station, and Temporary Assignment.

(1)

Each employee shall be assigned an official work station and may be assigned one (1) or more additional alternate work stations by the appointing authority.

(2)

An official work station or alternate work station may be changed to better meet the needs of the agency.

(3)

An employee may be temporarily assigned to a different official work station or alternate work station in a different county. The assignment shall be to the same job classification.

(a)

If an employee is temporarily assigned to a different official work station or alternate work station in a different county, the assignment shall not last more than sixty (60) calendar days.

(b)

Temporary assignment may be renewed with prior approval of the Secretary of Personnel.

(c)

A temporarily reassigned employee shall be reimbursed for travel expenses in accordance with 200 KAR 2:006, and the appointing authority shall notify the employee in writing prior to the effective date of the action.

(4)

An appointing authority may assign an employee to work in a different site within the county of employment within the same job classification.

Section 3.Section 5.

Dual Employment. An employee holding a full-time position covered under KRS Chapter 18A shall not hold another KRS Chapter 18A position except upon recommendation of the appointing authority and the written approval of the secretary.

Section 4.Section 6.

Notice of Resignation and Retirement.

(1)

An employee who decides to terminate his or her service shall submit a written resignation or notice of retirement to the appointing authority.

(2)

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.

(3)

Failure of an employee to give fourteen (14) calendar days' notice may result in forfeiture of accrued annual leave, based on:

(a)

If the fourteen (14) day deadline was:

1.

Practicable under the circumstances;

2.

Appropriate for the situation; and

3.

Complied with; or

(b)

If the appointing authority and the employee have agreed that the employee shall retain the leave.

(4)

The effective date of a separation shall be the next calendar day following the last work day unless the employee has been approved for the use of annual, compensatory, or sick leave prior to termination.

Section 5.Section 7.

Records and Reports.

(1)

An appointing authority shall provide a request to the Personnel Cabinet for a personnel action or status change.

(a)

The Secretary of the Personnel Cabinet shall determine which personnel actions warrant a Personnel Action Notification to the employee, in accordance with KRS 18A.020 and 18A.095.

(b)

The secretary shall provide a Personnel Action Notification to the appointing authority.

(c)

The appointing authority shall provide a copy of a Personnel Action Notification to the employee affected by the action.

(2)

The secretary shall maintain a leave record showing for each employee:

(a)

Annual leave earned, used and unused;

(b)

Sick leave earned, used and unused;

(c)

Compensatory leave earned, used and unused; and

(d)

Special leave or other leave with or without pay.

Section 6.Section 8.

Telecommuting.

(1)

Telecommuting shall be a work arrangement in which a selected state employee is allowed to perform the normal duties and responsibilities of his or her position through the use of computer or telecommunications at home or another place apart from the employee's usual official work station or alternate work station.

(2)

An appointing authority may establish a telecommuting program for all or any part of the agency.

(3)

Eligibility and selection for participation in a telecommuting program shall be the decision of the agency, with no implied or specific right to participation being granted to an employee.

(4)

The telecommuter's conditions of employment shall remain the same as for a nontelecommuting employee.

(a)

Employee salary, benefits, and employer-sponsored insurance coverage shall not change as a result of telecommuting.

(b)

The telecommuter shall be responsible for the security and confidentiality of data, as well as the protection of state-provided equipment, used and accessed during telecommuting.

(c)

The telecommuter shall agree to maintain a clean, safe workplace.

(d)

An on-site visit by the employer for monitoring of safety issues shall not require advance notice by the employer.

Section 7.Section 9.

Workplace Violence Policy.

(1)

Workplace violence shall be prohibited and shall include:

(a)

The attempted, threatened, or actual conduct of a person who endangers or is likely to endanger the health and safety of state employees or the general public; or

(b)

A threatening statement, harassment, or behavior that gives a state employee or member of the general public reasonable cause to believe that his or her health or safety is at risk.

(2)

Examples of prohibited workplace violence shall include:

(a)

Threats of harm;

(b)

Brandishing or displaying a weapon or an object that looks like a weapon in a manner that would present a safety risk to a state employee or a member of the general public or threatens or intimidates them;

(c)

Intimidating, threatening, or directing abusive language toward another person, either verbally, in writing or by gesture;

(d)

Stalking;

(e)

Striking, slapping, or otherwise physically attacking another person; or

(f)

Disobeying or failing to follow the reasonable directive of a supervisor to take action or cease actions that create a risk to the health or safety of a state employee or the public or threatens or intimidates them.

(3)

Violation of this section shall constitute grounds for disciplinary action and referral for criminal prosecution.

Section 8.Section 10.

Issuance of Pay to State Employees.

(1)

Pay shall be issued to state employees on the 15th and 30th day of each month.

(2)

If the regularly scheduled pay date falls on a weekend, state employees shall be issued pay on the preceding Friday.

(3)

If the regularly scheduled pay date falls on a state holiday, as defined in KRS 18A.190, pay shall be issued on the workday preceding the holiday.

Section 9.Section 11.

Incorporation by Reference.

(1)

"Personnel Action Notification", PAN, August 2011, is incorporated by reference.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Personnel Cabinet, 501 High Street, 3rd Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
HISTORY: (17 Ky.R. 1246; 1972; eff. 12-6-1990; 26 Ky.R. 97; 566; eff. 8-25-1999; 38 Ky.R. 482; eff. 9-28-2011; 39 Ky.R. 2362; 40 Ky.R. 259; eff. 9-6-2013; 45 Ky.R. 135, 6343; eff. 10-5-2018; 47 Ky.R. 1807, 2573; eff. 8-31-2021; 48 Ky.R. 2795; Eff. 9-27-2022.)
GERINA D. WHETHERS, Secretary
APPROVED BY AGENCY: April 11, 2022
FILED WITH LRC: April 15, 2022 at 9:25 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on June 21, 2022 at 10:00 a.m. at 501 High Street, 3rd floor, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until 11:59 p.m. on June 30, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Rosemary Holbrook, Assistant General Counsel, Office of Legal Services, 501 High Street, 3rd floor, Frankfort, Kentucky 40601, phone (502) 564-7430, fax (502) 564-0224, email RosemaryG.Holbrook@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Rosemary Holbrook
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation sets forth the requirements governing employee records, the maintenance and handling of these records, and other conditions of employment.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary for the oversight and maintenance of the state employment system pursuant to KRS Chapter 18A.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
Pursuant to 18A.030(2), the Personnel Cabinet Secretary is required to promulgate comprehensive regulations consistent with the provisions for KRS Chapter 18A. KRS 18A.110 provides that the secretary shall promulgate comprehensive administrative regulations for the classified and unclassified service.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation is necessary to satisfy the statutory requirement of establishing for the state a system of personnel administration based on merit principles. This regulation sets forth general terms and conditions of employment, to assist in the consistent application and treatment of KRS Chapter 18 employees.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment removes provisions for the Kentucky Employees Charitable Campaign.
(b) The necessity of the amendment to this administrative regulation:
Provisions for the Kentucky Employees Charitable Campaign are being promulgated in a new, stand-alone regulation. This amendment is necessary to accommodate that change.
(c) How the amendment conforms to the content of the authorizing statutes:
This amendment is consistent with the authority provided in KRS 18A.030 and 18A.110.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment removes Kentucky Employees Charitable Campaign provisions to prevent conflict with a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
All KRS Chapter 18A employees are affected.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
No additional action is required.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There are no additional costs anticipated to any entity identified above.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
No additional benefits will accrue. (5) Provide an estimate of how much it will cost to implement this administrative regulation:
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
This regulation, as amended, is not anticipated to generate any new or additional costs.
(b) On a continuing basis:
This regulation, as amended, is not anticipated to generate any new or additional costs.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
This regulation, as amended, is not anticipated to generate any new or additional costs.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
This regulation, as amended, is not anticipated to generate any new or additional fees or funding.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
This regulation, as amended, is not anticipated to generate any new or additional fees.
(9) TIERING: Is tiering applied?
No. This regulation, as amended, treats all impacted entities the same.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
All state agencies with employees covered under KRS Chapter 18A.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 18A.030(2) and 18A.110.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
No revenue will be generated.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
No revenue will be generated.
(c) How much will it cost to administer this program for the first year?
There are no estimated additional costs to administer the amendments to this regulation.
(d) How much will it cost to administer this program for subsequent years?
There are no estimated additional costs to administer the amendments to this regulation.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:

7-Year Expiration: 12/5/2030

Last Updated: 12/6/2023

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