KRS 18A.155: Rules for unclassified employees.

(1) The secretary shall prepare and submit proposed administrative regulations to the

Governor for employees in unclassified positions enumerated in KRS

18A.115(1)(g), (h), (i), (j), (k), (p), (t), and (u). Such administrative regulations

shall become effectiv e after approval by the Governor and promulgation in

accordance with KRS Chapters 12 and 13A. The administrative regulations shall

provide:

(a) For the preparation, maintenance, and revision of a position classification plan

for all aforementioned position s in the unclassified service, based upon

similarity of duties performed and responsibilities assumed, so that the same

qualifications may reasonably be required for and the same schedule of pay

may be equitably applied to all positions in the same class. After such

classification plan has been approved by the Governor, the secretary shall

allocate the positions of every employee in the unclassified service to one (1)

of the classes of the plan. Any employee affected by the allocation of a

position to a cla ss shall, after filing with the secretary a written request for

reconsideration thereof in such manner and form as the secretary may

prescribe, be given a reasonable opportunity to be heard thereon by the

secretary;

(b) For a pay plan for all aforementione d employees in the unclassified service,

after consultation with appointing authorities and the state budget director,

and taking into account such factors as:

1. The relative levels of duties and responsibilities of various classes of

positions;

2. Rates paid for comparable positions elsewhere; and

3. The state's financial resources.

Such pay plan shall become effective only after it has been approved by the

Governor after submission to him by the secretary. Amendments to the pay

plan may be made in the same manner. Each employee shall be paid at one (1)

of the rates set forth in the pay plan for the position in which he is employed;

(c) For transfer from a position in one (1) department to a similar position in

another department involving similar qualifi cations, duties, responsibilities,

and salary ranges;

(d) For annual, sick, and special leaves of absence, with or without pay, or

reduced pay, after approval by the Governor as provided in subsection (1) of

this section;

(e) For the development and operation of programs to improve the work

effectiveness and mora le of employees in the unclassified service, including

training, safety, health, welfare, counseling, recreation, and employee

relations; and

(f) For such other rules and administrative regulations not inconsistent with KRS

18A.005 to 18A.200, as may be proper and necessary for its enforcement.

(2) Nothing herein shall be construed to preclude the optional use of administrative

regulations promulgated under this section on behalf of employees enumerated in

KRS 18A.115(1)(a), (b), (d), (e), (p), (u), and (w) and on behalf of members of state

boards and commissions who work on a full-time, salaried basis.

(3) Months of service earned as a contract employee of the Kentucky Department of

Education shall be recognized and credited as service credit for calculatin g years of

service in any public agency position held subsequent to the employment by

contract. The provisions of this subsection are retroactive for employees hired in a

public agency position on or after January 1, 1997.