Kentucky Administrative Regulations
Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH
Chapter 8 - Local Health Departments
Section 902 KAR 8:140 - Appointment of a health officer or a public health department director of a local health department
Universal Citation: 902 KY Admin Regs Service 8:140
Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 211.170(1), (2), 212.170, 212.230, 212.870
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the Cabinet for Health and Family Services to promulgate administrative regulations necessary to operate programs and fulfill the responsibilities vested in the cabinet. KRS 211.1755(2) requires the cabinet to promulgate administrative regulations establishing the policies and procedures for the local health department personnel program. This administrative regulation establishes the process for appointing a health officer or public health department director and the provisions of the merit system.
Section 1. Appointment of Health Officer.
(1) An agency shall appoint a
health officer in accordance with the provisions of
KRS
212.170,
212.230,
or
212.870.
(2) The health officer shall be an
unclassified employee and hold office in accordance with
KRS
212.170.
(3) The health officer in the unclassified
service shall be subject to the following administrative regulations:
(a)
902 KAR
8:060, Salary adjustments for local health
departments;
(b)
902
KAR 8:070, Recruitment, examination, and certification
of eligible applicants for local health departments;
(c)
902
KAR 8:080, Initial appointment, probationary period,
layoffs, performance evaluation, and the resignation of employees of local
health departments;
(d)
902
KAR 8:120, Leave provisions applicable to employees of
local health departments; and
(e)
This administrative regulation.
(4) An individual promoted to the position of
health officer shall receive a salary increase, which shall be the greater of
the following:
(a) Fifteen (15) percent above
current salary;
(b) The minimum of
the grade assigned to the health officer; or
(c) Three (3) percent per grade not to exceed
midpoint of grade.
Section 2. Appointment of Public Health Department Director.
(1) In the absence of a health officer
provided for in this administrative regulation, an agency shall be under the
direction of a public health department director who shall meet minimum
qualification of education and experience established by the
department.
(2) A qualified
individual shall be:
(a) Appointed or promoted
from an external announcement to the position of public health department
director:
(b) Employed in the
unclassified service; and
(c) Hold
office at the pleasure of both the board of health of the agency and the
department.
(3) A public
health department director in the unclassified service shall be subject to the
following administrative regulations:
(a)
902 KAR
8:060, Salary adjustments for local health
departments;
(b)
902
KAR 8:070, Recruitment, examination, and certification
of eligible applicants for local health departments;
(c)
902
KAR 8:080, Initial appointment, probationary period,
layoffs, performance evaluation, and the resignation of employees of local
health departments;
(d)
902
KAR 8:120, Leave provisions applicable to employees of
local health departments; and
(e)
This administrative regulation.
(4) An individual promoted to the position of
public health department director shall receive a salary increase, which shall
be the greater of the following:
(a) Fifteen
(15) percent above current salary;
(b) The minimum of the grade assigned to the
health officer; or
(c) Three (3)
percent per grade not to exceed midpoint of
grade.
Section 3. Removal of a Health Officer or Public Health Department Director in the Unclassified Service.
(1) A
health officer or public health department director removed by the board of
health or the department shall be notified in writing, and may, within seven
(7) days, make a written request for a pre-termination conference.
(2) If no request for a pre-termination
conference is made, the removal shall become effective upon the expiration of
seven (7) days.
(3) If a request
for a pre-termination conference is made, the pre-termination conference shall
be held at the office of the agency within fourteen (14) calendar days after
the request is received by the board of health of the agency.
(4) The health officer or public health
department director shall not be removed until the pre-termination conference
has been held and a decision rendered by the board of health of the agency and
the department.
(5) Upon
termination of employment, an employee who was promoted to the health officer
or public health department director position may:
(a) Revert to the position held prior to
promotion; or
(b) Be considered for
a vacant position in the agency.
(6) The employee shall have had at least five
(5) years of continuous service with the agency prior to the promotion to be
considered for reversion.
(7) The
reversion shall be subject to the approval of the board of health of the
agency.
(8) An employee shall not
be reverted to a position in the classified service unless the individual meets
the minimum qualifications for the position.
STATUTORY AUTHORITY: KRS 194A.050(1), 211.1755(2), 212.170
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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