PERSONNEL BOARD

(Amendment)

 

      101 KAR 1:325. Probationary periods.

 

      RELATES TO: KRS 18A.005, 18A.0751(1)(e), (4)(e), 18A.111

      STATUTORY AUTHORITY: KRS 18A.005, 18A.075(1), 18A.0751(1)(e), (4)(e)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.075(1) requires the Personnel Board to promulgate comprehensive administrative regulations consistent with the provisions of KRS 18A.005 to 18A.200. KRS 18A.0751(1)(e) requires the Personnel Board to promulgate comprehensive administrative regulations for the classified service governing probation. KRS 18A.0751(4)(e) authorizes the Personnel Board to promulgate administrative regulations to establish an initial probationary period in excess of six (6) months for specific job classifications. This administrative regulation establishes the requirements relating to probationary periods.

 

      Section 1. Initial Probationary Period. (1) The initial probationary period shall be computed from the effective date of appointment to the corresponding date in the sixth or final month, depending upon the length of initial probationary period, except as provided in KRS 18A.111.

      (2) The following job classifications shall require an initial probationary period in excess of six (6) months:

     

Title Code

Job Classification

Length of Initial Probationary Period

20000562

Resort Park Manager I

12 months

20000563

Resort Park Manager II

12 months

20000564

Resort Park Manager III

12 months

20000570

Park Business Manager I

12 months

20000571

Park Business Manager II

12 months

20000572

Park Manager I/Historic Site Manager

12 months

20000573

Park Manager II

12 months

20000574

Park Manager III

12 months

20000609

Conservation Officer Recruit

12 months

20000616

Veterans Benefits Field Rep I

 9 months

20000618

Veterans Benefits Regional Administrator

9 months

[20000638

Correctional Officer

8 months]

20000672

Facilities Security Sergeant

12 months

20000673

Facilities Security Lieutenant

12 months

20000676

State Park Ranger Recruit

12 months

20000680

Facilities Security Officer II

12 months

20000683

Mounted Patrol Officer Recruit

12 months

20000687

Police Telecommunicator I

12 months

20000688

Police Telecommunicator II

12 months

20000689

Police Telecommunications Shift Supervisor

12 months

20000690

Police Telecommunications Supervisor

12 months

20000692

CVE Inspector I

12 months

20000694

CJIS (Criminal Justice Information System) Compliance Specialist I

12 months

20000695

CJIS Compliance Specialist II

12 months

20000696

CJIS Compliance Specialist III

12 months

20000697

CJIS Compliance Supervisor

12 months

20000698

Transportation Operations Center Specialist I

12 months

20000703

Polygraph Examiner II

12 months

20000704

Polygraph Examiner I

12 months

20000713

Driver's Test Administrator

12 months

20000716

Fish and Wildlife Telecommunicator I

12 months

20000813

Boiler Inspector I

12 months

20000820

Fire Protection Systems Inspector

12 months

20000870

Financial Institutions Examiner I

12 months

20000871

Financial Institutions Examiner II

12 months

20000872

Financial Institutions Examiner III

12 months

20000873

Financial Institutions Examiner IV

12 months

20000874

Financial Institutions Examiner Specialist

12 months

20000888

Insurance Fraud Investigator II

12 months

20000889

Insurance Fraud Investigator III

12 months

20000890

Insurance Fraud Investigator Supervisor

12 months

20000938

Forensic Firearms and Toolmark Examiner I

12 months

20000940

Forensic Chemist I

12 months

20000941

Forensic Chemist II

12 months

20000943

Forensic Biologist I

12 months

20000944

Forensic Biologist II

12 months

20000693

Therapy Program Assistant

9 months

20000971

Houseparent I

12 months

20000972

Houseparent II

12 months

20000974

Audiologist I

12 months

20001001

Patient Aide I

9 months

20001037

Medical Investigator I

12 months

20001038

Medical Investigator II

12 months

20001077

Student Development Associate

12 months

20001076

Student Development Assistant

12 months

20001104

KSB/KSD (Kentucky School for the Blind/Kentucky School for the Deaf) Administrator I

12 months

20001105

KSB/KSD Administrator III

12 months

20001106

KSB/KSD Administrator IV

12 months

20001107

KSB/KSD Administrator V

12 months

20001108

KSB/KSD Administrator VI

12 months

20001122

Disability Adjudicator I

12 months

20001135

Juvenile Facility Superintendent I

12 months

20001136

Juvenile Facility Superintendent III

12 months

20001137

Facilities Regional Administrator

12 months

20001138

Youth Services Program Supervisor

12 months

20001139

Juvenile Facility Superintendent II

12 months

20001142

Human Rights Specialist

12 months

20001157

Administrative Hearing Officer I

12 months

20001159

Human Rights Enforcement Branch Manager

12 months

20001162

Human Rights Research/Information Compliance Supervisor

12 months

20001163

Human Rights Housing Compliance Supervisor

12 months

20001164

Human Rights Employment/Public Accommodations Compliance Supervisor

12 months

20001165

Human Rights Compliance Enforcement Officer II

12 months

20001166

Probation and Parole Officer I

12 months

20001171

Youth Worker I

12 months

20001174

Youth Worker Supervisor

12 months

20001175

Juvenile Services District Supervisor

12 months

20001480

Forestry Equipment Supervisor

12 months

20001481

Nursery Foreman

12 months

20001482

Nursery Superintendent

12 months

20001483

Forester

12 months

20001484

Forester Chief

12 months

20001485

Forester Regional

12 months

20001486

Rural Fire Suppression Technical Advisor

12 months

20001487

Forestry Program Specialist

12 months

20001488

Forestry Program Manager

12 months

20001489

Forestry Program Supervisor

12 months

20001492

Forest Ranger Technician I

12 months

20001493

Forest Ranger Technician II

12 months

20001494

Forest Ranger Technician III

12 months

20001495

Forest Ranger Technician Regional

12 months

20001841

Criminal Intelligence Analyst I

12 months

20001842

Criminal Intelligence Analyst II

12 months

20001882

Public Advocate Investigator I

12 months

20001895

Environmental Administrative Hearing Officer

12 months

20001899

Mitigation Specialist I

12 months

20001904

Investigator I

12 months

      (3) If the length of the initial probationary period for a job classification is changed, an employee serving an initial probationary period on the effective date of the change shall serve the shorter of the initial probationary periods. When the employee is appointed, the employee's appointing authority shall advise the employee of the period of his initial probation.

 

      Section 2. Promotional Probationary Period. (1) An employee who satisfactorily completes the promotional probationary period shall be granted status in the position to which he has been promoted. Unless an employee receives notice prior to the end of his promotional probationary period that he has failed to satisfactorily complete the promotional probationary period and that he is being reverted, the employee shall be deemed to have served satisfactorily and shall acquire status in the position to which he has been promoted.

      (2) An employee who fails to satisfactorily complete a promotional probationary period shall be reverted to his former position or to a position in the same job classification as his former position. A written notification shall be sent to the employee to advise the employee of the effective date of reversion. A copy of the notice of reversion shall be forwarded to the Secretary of Personnel on the same date notice is delivered to the employee.

      (3) The promotional probationary period shall be computed from the effective date of promotion to the corresponding date in the appropriate month following promotion, as required by KRS 18A.005(27), except as provided in KRS 18A.111.

      (4) The promotional probationary period shall be the same length as the initial probationary period for each job classification.

 

      Section 3. Probationary Period Upon Reinstatement. (1) An employee who is reinstated to a position in the classified service no later than twelve (12) months after the beginning of a break in the classified service shall be reinstated with status. This shall include an employee ordered reinstated pursuant to KRS 18A.111(3), unless the board rules otherwise.

      (2) An employee who is reinstated to the classified service more than twelve (12) months after a break in service, except an employee ordered reinstated pursuant to KRS 18A.111(3), shall serve an initial probationary period.

 

MARK A. SIPEK, Executive Director

      APPROVED BY AGENCY: October 13, 2015

      FILED WITH LRC: October 13, 2015 at 9 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 23, 2015, at 9:00 a.m. Eastern Time at the Kentucky Personnel Board, 28 Fountain Place, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing by November 16, 2015, 5 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 canceled. The 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 the end of the calendar day on November 30, 2015. Send written notification of intent to be heard at the public hearing or written comments to:

      CONTACT PERSON: Boyce A. Crocker, General Counsel, Personnel Board, 28 Fountain Place, Frankfort, Kentucky 40601, phone (502) 564-7830, fax (502) 564-1693.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact person: Boyce A. Crocker

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: The regulation sets forth the classifications for which an initial probationary period in excess of six (6) months is required.

      (b) The necessity of this administrative regulation: To establish the appropriate probationary periods for classifications throughout state government.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 18A.0751(4)(e) requires the Personnel Board to promulgate an administrative regulation listing the job classifications for which an initial probationary period in excess of six (6) months is required. It also makes clear that a promotional probationary period shall mirror the initial promotional period for a particular job classification.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: The regulation sets forth the classifications for which an initial probationary period in excess of six (6) months is required.

      (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: The proposed amendment would reduce the initial probationary period for Correctional Officer from eight months to six months.

      (b) The necessity of the amendment to this administrative regulation: Secretary of the Personnel Cabinet has recommended changes to the classifications for which an initial probationary period in excess of six (6) months is required.

      (c) How the amendment conforms to the content of the authorizing statutes: The amendment consists of changes to the list of classifications for which an initial probationary period in excess of six (6) months is required. It also makes clear that a promotional probationary period shall mirror the initial promotional period for a particular job classification.

      (d) How the amendment will assist in the effective administration of the statutes: The proposed amendment would allow for a reduced probationary period for Correctional Officer.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: All state employees appointed to the listed classifications, and the state government agencies that employ them.

      (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: None

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): None

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The Justice and Public Safety Cabinet, Department of Corrections, and Cabinet for Health and Family Services does not require an extended probationary period to evaluate the performance of a Correctional Officer and this change will aid retention.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: None

      (b) On a continuing basis: None

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Not applicable.

      (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: Not applicable.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish or increase any fees.

      (9) TIERING: Is tiering applied? This regulation must apply equally to all classified employees in all state agencies with classified employees.

 

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? Justice and Public Safety Cabinet, Department of Corrections, and Cabinet for Health and Family Services

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 18A.0751 and KRS 18A.111

      (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. None

      (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? Not applicable

      (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? Not applicable

      (c) How much will it cost to administer this program for the first year? Not applicable

      (d) How much will it cost to administer this program for subsequent years? Not applicable

      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: