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AP III, Sec. 1 General information

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of JusticeEffective: June 7, 2022

Baldwin's Kentucky Revised Statutes Annotated
Administrative Procedures of the Court of Justice
Part III. Personnel Policies
Effective: June 7, 2022
Administrative Procedures, AP III, Sec. 1
AP III, Sec. 1 General information
SECTION 1.01 Administration of these Policies
The personnel administration of the Kentucky Court of Justice (KCOJ) is governed by these published Policies. All forms referenced herein can be found on the Administrative Office of the Courts (AOC) Department of Human Resources (HR) Intranet website at https://kcoj.sharepoint.com/sites/HumanResources/SitePages/Home.aspx.
SECTION 1.02 Applicability of these Policies
These Policies are applicable to all employees in the KCOJ.
SECTION 1.03 Elected and Appointed Officials
These Policies are not applicable to elected and appointed officials in the KCOJ, unless otherwise specified.
SECTION 1.04 Definitions
As used throughout these Policies, the following definitions apply:
(1) “AOC Director” means the Director of the AOC, who acts as the Chief Justice's designee with authority to administer these Policies, including, but not limited to, the enforcement of final disciplinary actions. The AOC Director is the appointing authority for personnel at the AOC.
(2) “Appointed official” means an individual who is appointed as a trial commissioner, domestic relations commissioner, or master commissioner in the KCOJ. This does not include an appointed Judge or Circuit Court Clerk.
(3) “Appointing authority” means an individual who is authorized to act on behalf of an agency or office of the KCOJ with respect to appointments, position actions, payroll documents, leave requests, and disciplinary actions, in conformity with these Policies, subject to the best interests of the KCOJ as determined by the Chief Justice, as the Chief Executive Officer of the KCOJ.
(4) “Chief Deputy Clerk” means a deputy clerk who has the requisite abilities and knowledge of the operation of the Office of the Circuit Court Clerk and serves in a general supervisory capacity in relation to all other deputy clerks. There may be one Chief Deputy Clerk for every 15 deputy clerks in an Office of the Circuit Court Clerk. The AOC Director may set a maximum number of Chief Deputy Clerks for an office. The employee who is selected to serve as the Chief Deputy Clerk must formally accept such designation in writing, a copy of which will be forwarded to the AOC HR Department and placed in that individual's personnel file.
(5) “Elected official” means an individual who is elected or appointed to a constitutional office in the KCOJ. The elected official is the appointing authority for the personnel in his or her office.
(6) “Employee” means an individual hired into a position in the KCOJ, whether tenured or non-tenured (at-will), for which he or she is compensated on a full-time or part-time basis.
(7) “Family” means the employee's spouse, child, parent, grandparent, grandchild, brother, or sister, or a person of similarly close relationship defined as: (a) an intimate partner who has resided with the employee for at least one year; or (b) one for whom the employee is legally responsible.
(8) “General Counsel” means the General Counsel for the AOC in Frankfort, Kentucky.
(9) “Human Resources Administrator” (HRA) means the Human Resources Administrator for the AOC HR Department in Frankfort, Kentucky.
(10) “Human Resources Director” (HR Director) means the Executive Officer for the AOC HR Department in Frankfort, Kentucky.
(11) “Intern” means an individual who may receive academic credit and may also receive compensation. An intern who receives compensation is governed under the same rules as temporary employees.
(12) “Non-tenured employee” means an at-will employee who does not have the right to appeal disciplinary actions.
(13) “Paid leave” means compensatory, annual, or sick leave earned by full-time employees as defined by Sections 5.03, 7.02, and 7.03 of these Policies.
(14) “Supervisor” means the individual to whom the employee directly reports.
(15) “Temporary employee” means a non-tenured (at-will) employee who has been appointed to an interim position that shall be less than nine months in duration.
(16) “Tenured employee” means an employee who has grievance and appeal rights as described in Section 8 of these Policies.
(17) “Volunteer” means an individual who assists a KCOJ employee or department without compensation for services and does not have the rights or benefits of paid employees.
SECTION 1.05 Non-Tenured Employees
(1) Non-tenured positions are as follows:
(a) Judicial staff, including administrative support assistants, administrative support specialists, legal assistants, and case managers hired on or after September 1, 2004; part-time employees hired on or after April 15, 2018; staff attorneys, court administrators, and employees of the court administrator's office;
(b) Chief deputy clerks within the Offices of Circuit Court Clerk;
(c) Executive administrative employees of the Court of Justice as follows: Chief of Staff and Counsel to the Chief Justice, Clerk of the Supreme Court, and AOC Director;
(d) Principal administrative employees of the Supreme Court and Court of Appeals; and principal administrative employees of the AOC as follows: AOC Deputy Director, General Counsel, Deputy General Counsel, Senior Legal Counsel, Legal Counsel, State Law Librarian, Directors, Executive Officers, Managers, Assistant Managers, Executive Assistants, Family Services Administrators, and Family Court Liaisons;
(e) Federally funded, time-limited positions;
(f) Temporary employees;
(g) Interns; and
(h) Other new positions as designated in writing by the Chief Justice or designee.
(2) Non-tenured employees serve at the pleasure of and at the will of their appointing authority for an unspecified period of time. The appointing authority may terminate an employee's employment for any reason or no reason, with or without notice, at any time. No provision in other KCOJ policies and procedures alters this status.
(3) Non-tenured employees must sign the Non-Tenured Status Acknowledgment Form and submit it to the AOC HR Department. Failure to submit the acknowledgment form does not change an employee's at-will status.
SECTION 1.06 Tenured Employees
(1) All positions not addressed in Section 1.05 of these Policies are considered tenured positions.
(2) Any employee hired into a tenured position may attain tenured status upon the successful completion of a probationary period as determined by the appointing authority. See Section 4.03 of these Policies.
(3) Individuals designated as tenured as of the effective date of these Policies shall maintain their tenured status as long as they remain in the previously designated tenured position.
SECTION 1.07 Internal Office Policies
Each appointing authority may have internal office policies that are consistent with the Rules of the Supreme Court, including these Policies and all applicable statutes. All internal office policies must be reviewed and approved by the AOC Office of General Counsel.


HISTORY: Amended by Order 2022-28, eff. 6-7-22. Adopted by Order 2021-05, eff. 2-1-21
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Administrative Procedures, AP III, Sec. 1, KY ST ADMIN P AP III, Sec. 1
Current with amendments received through June 1, 2023. Some sections may be more current, see credits for details.
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