KRS 64.475: Executive Branch Compensation Advisory Council -- Organization -- Staff -

- Duties -- Recommendations. (Effective April 1, 2021)

(1) There is hereby established an advisory council to be known as the Executive

Branch Compensation Advisory Council.

(a) The council shall consist of three (3) voting members: the state budget

director, the secretary of the Governor's Executive Cabinet, and the secretary

of the Finance and Administration Cabinet.

(b) The state budget director shall serve as the chair of the council.

(c) If a voting member is unable to attend a meeting of the council, he or she shall

designate, in writing, a member of his or her staff to attend in his or her place,

and such designation shall confer on such designee, for that meeting only, the

authority to act, including the right to vote on any matter coming before the

council.

(2) The council shall be attached to the Personnel Cabinet for administrative purposes.

Personnel Cabinet staff shall provide necessary administrative and operation al

support for the council. The council may, from time to time, utilize the services of

professional and technical personnel employed by other agencies of state

government, if the need arises. The council shall meet on a quarterly basis at a time

and place to be determined by the council. Additional meetings may be called upon

request of two (2) voting members of the council.

(3) The duties of the council shall include the following:

(a) Advise and make recommendations to the secretary of the Personnel Cabi net

on appropriate salaries for the following:

1. The heads of the various departments in the executive branch of state

government, with the exception of:

a. Departments headed by constitutionally elected officers;

b. The Department of Education;

c. The Council on Postsecondary Education; and

d. The Kentucky Authority for Educational Television;

2. The heads of offices, as defined in KRS 12.010;

3. The administrative heads of boards and commissions and for their

employees, if they are not covered by the salary schedules set forth in

KRS Chapter 16, KRS Chapter 18A, or KRS Chapter 151B,

notwithstanding any other statute to the contrary empowering a bo ard,

commission, authority, or other administrative body for which the

Personnel Cabinet provides personnel and payroll services except for

any board governing any of the Kentucky Retirement Systems, the

County Employees Retirement System, the Kentucky Pub lic Pensions

Authority, the Kentucky Higher Education Assistance Authority, the

Kentucky Authority for Educational Television, or the Council on

Postsecondary Education to establish, set, or approve the salaries of its

administrative head and other employees;

4. Requests from boards, commissions, or cabinet heads to approve salary

increases in excess of those increases provided other state employees to

individuals in the positions listed in paragraphs (a), (b), and (c) of this

subsection;

(b) Advise the sec retary of the Personnel Cabinet on requests from agencies to

establish or abolish a separate salary schedule, or schedules, reflective of the

marketplace need to recruit and hire classified employees in technical or

professional fields when the classified service salary schedule is inadequate. A

positive recommendation of such requests shall not be granted unless

significant credible evidence exists of a job market shortage and an

inadequacy of the classified or unclassified salary schedules to recruit and

retain competent, qualified applicants for such positions; and

(c) Recommend that the Personnel Cabinet conduct salary surveys of the

executive branch positions outlined in subsection (3)(a)1., 2., and 3. of this

section, using state governments in the sev en (7) states contiguous to the

Commonwealth, other states in the southeastern United States, and private

sector employers, where appropriate.

(4) The council's recommendations shall:

(a) Take into consideration the provisions of KRS 64.640, if the specifi c position

in question is subject to the provisions of KRS 64.640; and

(b) Not take into consideration the provisions of KRS 64.640, if the specific

position in question is exempt from the provisions of KRS 64.640.