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. KRS 18A.111 establishes requirements governing initial and promotional probationary periods for the classified service. 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 [1555]

Resort Park Manager I

12 months

20000563 [1556]

Resort Park Manager II

12 months

20000564 [1557]

Resort Park Manager III

12 months

20000570 [1580]

Park Business Manager I

12 months

20000571 [1581]

Park Business Manager II

12 months

20000572 [1585]

Park Manager I/Historic Site Manager

12 months

20000573 [1586]

Park Manager II

12 months

20000574 [1588]

Park Manager III

12 months

20000609 [2001]

Conservation Officer Recruit

12 months

20000616

Veterans Benefits Field Rep I

 9 months

20000618

Veterans Benefits Regional Administrator

9 months

20000638 [2201]

Correctional Officer

8 months

20000672 [2308]

Facilities Security Sergeant

12 months

20000673 [2309]

Facilities Security Lieutenant

12 months

20000676 [2313]

State Park Ranger Recruit

12 months

20000680 [2322]

Facilities Security Officer II

12 months

20000683 [2350]

Mounted Patrol Officer Recruit

12 months

20000687 [2401]

Police Telecommunicator I

12 months

20000688 [2403]

Police Telecommunicator II

12 months

20000689 [2404]

Police Telecommunications Shift Supervisor

12 months

20000690 [2405]

Police Telecommunications Supervisor

12 months

20000692 [2408]

CVE Inspector I

12 months

20000694 [2410]

CJIS (Criminal Justice Information System) Compliance Specialist I

12 months

20000695 [2411]

CJIS Compliance Specialist II

12 months

20000696 [2412]

CJIS Compliance Specialist III

12 months

20000697 [2413]

CJIS Compliance Supervisor

12 months

20000698 [2415]

Transportation Operations Center Specialist I

12 months

20000703 [2433]

Polygraph Examiner II

12 months

20000704 [2434]

Polygraph Examiner I

12 months

20000713 [2460]

Driver's Test Administrator

12 months

20000716 [2468]

Fish and Wildlife Telecommunicator I

12 months

20000813 [3254]

Boiler Inspector I

12 months

20000820 [3268]

Fire Protection Systems Inspector

12 months

20000870 [3416]

Financial Institutions Examiner I

12 months

20000871 [3417]

Financial Institutions Examiner II

12 months

20000872 [3432]

Financial Institutions Examiner III

12 months

20000873 [3433]

Financial Institutions Examiner IV

12 months

20000874 [3434]

Financial Institutions Examiner Specialist

12 months

20000888 [3551]

Insurance Fraud Investigator II

12 months

20000889 [3552]

Insurance Fraud Investigator III

12 months

20000890 [3553]

Insurance Fraud Investigator Supervisor

12 months

20000938 [4056]

Forensic Firearms and Toolmark Examiner I

12 months

20000940 [4058]

Forensic Chemist I

12 months

20000941 [4059]

Forensic Chemist II

12 months

20000943 [4061]

Forensic Biologist I

12 months

20000944 [4062]

Forensic Biologist II

12 months

20000693 [4125]

Therapy Program Assistant

9 months

20000971 [4140]

Houseparent I

12 months

20000972 [4141]

Houseparent II

12 months

20000974 [4143]

Audiologist I

12 months

20001001 [4301]

Patient Aide I

9 months

20001037 [4550]

Medical Investigator I

12 months

20001038 [4551]

Medical Investigator II

12 months

20001077 [5120]

Student Development Associate

12 months

20001076 [5121]

Student Development Assistant

12 months

20001104 [5362]

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

12 months

20001105 [5364]

KSB/KSD Administrator III

12 months

20001106 [5365]

KSB/KSD Administrator IV

12 months

20001107 [5366]

KSB/KSD Administrator V

12 months

20001108 [5367]

KSB/KSD Administrator VI

12 months

20001122 [6215]

Disability Adjudicator I

12 months

20001135 [6248]

Juvenile Facility Superintendent I

12 months

20001136 [6249]

Juvenile Facility Superintendent III

12 months

20001137 [6250]

Facilities Regional Administrator

12 months

20001138 [6251]

Youth Services Program Supervisor

12 months

20001139 [6252]

Juvenile Facility Superintendent II

12 months

20001142 [6267]

Human Rights Specialist

12 months

20001157 [6290]

Administrative Hearing Officer I

12 months

20001159 [6292]

Human Rights Enforcement Branch Manager

12 months

20001162 [6296]

Human Rights Research/Information Compliance Supervisor

12 months

20001163 [6297]

Human Rights Housing Compliance Supervisor

12 months

20001164 [6298]

Human Rights Employment/Public Accommodations Compliance Supervisor

12 months

20001165 [6299]

Human Rights Compliance Enforcement Officer II

12 months

20001166 [6301]

Probation and Parole Officer I

12 months

20001171 [6401]

Youth Worker I

12 months

20001174 [6404]

Youth Worker Supervisor

12 months

20001175 [6410]

Juvenile Services District Supervisor

12 months

20001480 [7213]

Forestry [District] Equipment Supervisor

12 months

20001481 [7215]

Nursery Foreman

12 months

20001482 [7217]

Nursery Superintendent

12 months

20001483 [7222]

Forester

12 months

20001484 [7224]

Forester Chief

12 months

20001485 [7226]

Forester Regional[District]

12 months

20001486 [7231]

Rural Fire Suppression Technical Advisor

12 months

20001487 [7232]

Forestry Program Specialist

12 months

20001488 [7235]

Forestry Program Manager

12 months

20001489 [7236]

Forestry Program Supervisor

12 months

20001492 [7250]

Forest Ranger Technician I

12 months

20001493 [7251]

Forest Ranger Technician II

12 months

20001494 [7252]

Forest Ranger Technician III

12 months

20001495 [7253]

Forest Ranger Technician Regional[District]

12 months

[8326

Right-of-way Agent I

12 months]

20001841 [9635]

Criminal Intelligence Analyst I

12 months

20001842 [9636]

Criminal Intelligence Analyst II

12 months

20001882 [9816]

Public Advocate Investigator I

12 months

20001895 [9859]

Environmental Administrative Hearing Officer

12 months

20001899 [9866]

Mitigation Specialist I

12 months

20001904 [9885]

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, except an employee ordered reinstated pursuant to KRS 18A.111(3), 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.

      (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: January 12, 2015

      FILED WITH LRC: January 12, 2015 at 4 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 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 February 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 close of business, March 2, 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 provides an initial probationary period of nine (9) months for Veterans Benefits Field Representative I and Veterans Benefits Regional Administrator. The proposed amendment would also reduce the initial probationary period for Right of Way Agent I from twelve (12) months to six (6) months. Eight (8)-digit Title Codes have been substituted for all listed classifications.

      (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: This amendment is necessary to meet state agency needs and allow for longer probationary periods for Veterans Benefits Field Representative I and Veterans Benefits Regional Administrator. The proposed amendment would also allow for a reduced probationary period for Right of Way Agent I.

      (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 Department of Veterans Affairs will be able to more fully observe the job performance of initial probationary employees in the affected classifications to determine if those employees should gain status in the classified service. The Transportation Cabinet does not require an extended probationary period to evaluate the performance of a Right of Way Agent I, and will aid retention. The Personnel Cabinet requested the new eight-digit Title Codes which are used in the new Kentucky Human Resource Information System (KHRIS).

      (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? Department of Veterans Affairs and the Transportation Cabinet

      (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: