Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 151B.035, 151B.080
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035(1) requires
the Executive Director for the Office of Career and Technical Education to
promulgate administrative regulations establishing personnel policies and
procedures for all full-time and part-time unclassified employees, certified
and equivalent staff, including administrative, teaching, and supervisory staff
in the Office of Career and Technical Education central office and
state-operated vocational facilities. This administrative regulation
establishes the method for determining an employee's work station and the
requirements governing employee actions.
Section
1. Definition. Work station means the:
(1)
(a)
Official work station of an employee assigned to an office; and
(b) Street address where the office is
located; or
(2)
(a) Official Work station of an employee
assigned to an office; and
(b)
Street address to which the employee is assigned upon appointment to the
employee's position.
Section 2. Employee Work Stations.
(1) Each employee shall be assigned to a work
station by the appointing authority or designee.
(2) A work station may be changed to better
meet the needs of the agency.
(3)
(a) An employee may be temporarily assigned
to a different work station in a different county for a period of up to sixty
(60) calendar days.
(b) The
employee shall be reimbursed for travel expenses, in accordance with 200 KAR 2:006, and the appointing authority or designee shall notify the employee in
writing prior to the effective date of the action.
(4)
(a) An
appointing authority or designee may assign an employee to work in a different
site within the county of employment.
(b) Reassignment within a county shall not be
an appealable action.
Section 3. Promotion. An employee in the
certified and equivalent personnel system may be promoted to a position of
greater scope of discretion and responsibility or to the unclassified system in
the Office of Career and Technical Education.
Section 4. Demotion.
(1) An appointing authority or designee shall
demote an employee who makes a written request for voluntary
demotion-151B.
(2) The written
request shall:
(a) Be on a completed Voluntary
Transfer or Voluntary Demotion Form; and
(b) Include:
1. A statement of the reason for the
request;
2. The effective date of
the demotion;
3. Identifying
information concerning the position demoted from and to; and
4. A waiver of the right of appeal concerning
the demotion.
(3) A copy of the request shall be placed in
the employee's official file.
Section
5. Transfer.
(1) An employee in
the certified and equivalent personnel system may be transferred from one (1)
office to another and from one (1) district to another.
(2)
(a) The
transfer shall be on a voluntary or involuntary basis.
(b) Unless an employee requests a transfer in
writing, the transfer shall be deemed to have been made on an involuntary
basis.
(c) The appointing authority
or designee shall establish a reasonable basis for selecting an employee for
involuntary transfer.
(3)
(a) If the transfer is on an involuntary
basis, the employee shall receive written notice of the transfer prior to the
effective date of the transfer.
(b)
Following notification of an involuntary transfer, an employee shall report for
work at the work station to which the employee was transferred on the effective
date of the transfer.
(c) The
notice shall be in writing, and shall:
1.
State:
a. The effective date of the
transfer;
b. The reason for the
employee's selection for transfer;
c. The new work station; and
d. The employee's obligation to report to the
new work station;
2.
Advise the employee that the employee may appeal the transfer to the Kentucky
Technical Education Personnel Board within thirty (30) days of receipt of the
notice excluding the day that notification was received; and
3. Advise the employee of the provisions of
subsection (4) of this section.
(d) Upon employee notification, copies of the
notice shall be forwarded to the Executive Director of the Office of Career and
Technical Education.
(4)
If an involuntary transfer is to a position with a work station in a different
county, the following provisions shall apply:
(a) The employee shall receive the notice
specified in subsection (3) of this section at least thirty (30) days prior to
the effective date of the transfer; and
(b) The appointing authority or designee
shall pay the employee's moving and travel expenses following transfer for
thirty (30) days following the effective date of transfer in accordance with
200 KAR 2:006.
(5)
(a) If an employee with status requests a
transfer in writing, the appointing authority or designee may make a voluntary
transfer.
(b) The written request
shall:
1. Be on a completed Voluntary Transfer
or Voluntary Demotion-151B Form; and
2. Include:
a. A statement of the reason for the
request;
b. The effective date of
the transfer;
c. Identifying
information concerning the position transferred from and to; and
d. A waiver of the right to appeal concerning
the transfer.
(c) A copy of this request shall be forwarded
to the Executive Director of the Office of Career and Technical
Education.
Section
6. Reemployment.
(1) Reemployment
in the certified and equivalent personnel system shall occur in accordance with
KRS 151B.080.
(2) A former employee
on a reemployment list shall meet all qualifications in order to be considered
for a position.
Section
7. Resignations and Retirements.
(1) An employee who desires to terminate
service with the state shall submit a written resignation or notice of
retirement to the appointing authority or designee.
(2)
(a) A
resignation or notice of retirement shall be submitted at least thirty (30)
calendar days before the final working day.
(b) A copy of an employee's resignation shall
be attached to the advice effecting the separation and shall be filed in the
employee's service record in the department.
(3) Failure of an employee to give thirty
(30) calendar days' notice upon resignation or notice of retirement may result
in forfeiture of accrued annual leave.
(4) A part-time hourly employee who has not
worked for six (6) months shall be deemed to have resigned.
Section 8. Temporary Overlap. The
appointing authority or designee may place an employee in a position currently
occupied by another employee for a period not to exceed sixty (60) calendar
days for training purposes.
Section
9. Retirement. If an employee voluntarily retires, the employee
shall be considered separated without prejudice.
Section 10. Incorporation by Reference.
(1) "Voluntary Transfer or Voluntary
Demotion-151B", form 07/21/2008, Personnel Cabinet, is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Education and Workforce Development Cabinet, 500 Mero Street, Second Floor,
Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. through 4:30
p.m.
STATUTORY AUTHORITY: KRS 151B.035(1)