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AP III, Sec. 4 Appointments, and classification and compensation plans

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of Justice

Baldwin's Kentucky Revised Statutes Annotated
Administrative Procedures of the Court of Justice
Part III. Personnel Policies
Administrative Procedures, AP III, Sec. 4
AP III, Sec. 4 Appointments, and classification and compensation plans
SECTION 4.01 Types of Positions
(1) Full-time position with benefits:
A full-time position with benefits is a position requiring an employee to account for 37.5 hours in a business week.
(2) Part-time position without benefits:
A part-time position without benefits is a position requiring an employee to work no more than 80 hours in a calendar month. The 80-hour limit may only be exceeded under extraordinary circumstances and only with prior written approval of the AOC Director. An employee in a part-time position without benefits will not be approved to work more than 99.5 hours in a calendar month.
(3) Fee-based positions:
Fee-based positions are those funded through a restricted fee-based source including, but not limited to, judicial sales, criminal histories, driver's license fees, diversion fees, and court technology fees. Fee-based positions are dependent on the source of the revenue remaining available. Employees filling a fee-based position will be required to sign an acknowledgment form prior to starting employment with the KCOJ, accepting the availability of revenue as a condition of employment. The form will be submitted to the AOC HR Department.
(4) Federally funded time-limited position:
A federally funded time-limited position is a position created by federal funding. The term of this position will not exceed the period of time for which the specific federal funding is provided. An individual who is appointed to a federally funded time-limited position may be entitled to employee benefits depending upon the hours worked. Employees filling this position will be required to sign an acknowledgment form prior to starting employment with the KCOJ, accepting these as conditions of employment. The form will be submitted to the AOC HR Department.
(5) Temporary position:
A temporary position is a position, other than a senior clerk temporary position, created for a specified period of time not to exceed nine months within a 12-month period. Temporary employees do not receive benefits. Interns, whether compensated or not, are considered temporary employees and do not receive benefits.
SECTION 4.02 Criminal Record Reports
(1) The KCOJ supports the rehabilitation of offenders. However, certain convictions may render a person ineligible for employment in certain positions.
(2) A criminal record report may be obtained by the appointing authority on an applicant for any position with the KCOJ. A criminal record report must be obtained and reviewed by the appointing authority prior to any job offer being made.
(3) The AOC HR Department will determine whether an applicant is able to perform all functions of the position applied for based upon the criminal record report findings. If an applicant is unable to perform any function of the job because of the criminal record report findings, the applicant will be disqualified from serving in that position.
(4) The appointing authority may request periodic criminal record reports for his or her employees to ensure they are properly reporting violations pursuant to Sections 3.04 and 3.06 of these Policies, and to verify that there are no unreported violations that may pose a conflict. The HR Director or designee and the General Counsel must be consulted prior to the administration of any resulting disciplinary action.
(5) All criminal record reports will be performed in accordance with the criminal record requirements of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq.
SECTION 4.03 Probationary Period for Tenured Employees
(1) Probationary Period
(a) The purpose of a probationary period is to observe, evaluate, and determine whether an employee hired into a tenured position adequately performs the essential functions and responsibilities of the particular position in accordance with these Policies.
(b) Length of Probationary Period
(i) The first six months of service from the effective date of hire constitutes a probationary period for all tenured employees. This probationary period may be extended under the provisions of Section 4.03(1)(b)(iii).
(ii) If an employee serving a probationary period is granted leave in excess of 10 working days, the employee's probationary period may be extended for the same length of time.
(iii) The appointing authority may extend an employee's probationary period for up to six months if further evaluation is required. The appointing authority must notify the employee in writing, stating the length of the probationary extension and the expectations of performance improvement during the extension period. A copy of the notification will be sent to the AOC HR Department with a Personnel Action Request (PAR) extending the probation.
(iv) If an employee serving a probationary period transfers to another tenured position within the KCOJ, the probationary period begins anew.
(c) Expiration of Probationary Period
(i) Prior to the expiration of the probationary period, the appointing authority must determine whether an employee will become tenured or the probationary period will be extended.
(ii) The probationary period will be considered successfully completed unless the appointing authority notifies the employee that he or she is dismissed or that the probationary period will be extended. This notification must take place prior to the expiration of the probationary period.
(iii) Upon completion of the probationary period, an employee may earn tenured status and receive a probationary increment.
(iv) If an employee is dismissed before the expiration of the probationary period, the appointing authority must comply with Section 4.04 of these Policies.
(d) The successful completion of a probationary period entitles a tenured employee to appeal rights.
(2) Current Employees
Any current employee of the KCOJ who is promoted or transferred to a tenured position must serve a probationary period as described in subsection (1) of this section. The first six months of service from the effective date of the promotion or transfer and any extensions as provided for in subsection (1)(b) of this section will constitute the probationary period, during which time an employee will not have appeal rights.
SECTION 4.04 Dismissal During Probationary Period
(1) An employee serving a probationary period may be dismissed at any time prior to the expiration of the probationary period without the right of appeal or hearing.
(2) The appointing authority must notify the employee of the dismissal by letter, hand-delivered with a witness present unless extenuating circumstances prevent hand delivery.
(3) The appointing authority must forward a copy of all documentation relating to a dismissal to the AOC HR Department.
SECTION 4.05 Classification Plan
(1) For each tenured position, the KCOJ classification plan includes a title, pay grade, description of duties and responsibilities, and requirements relating to education and experience.
(2) Every position must be assigned to an appropriate classification prior to any administrative action on appointments, reclassifications, promotions, transfers, pay grade changes, or any other type of personnel or position action.
SECTION 4.06 Compensation Plan
(1) The KCOJ Compensation Plan provides pay grades for all tenured positions listed in the classification plan. Each class of positions is assigned to a pay grade depending upon the complexities and functions of the positions in the class as outlined in the classification plan.
(2) Pay grades are based upon the level of duties and responsibilities of position classifications, current salary rates in other sectors of employment, and the financial resources of the KCOJ.
SECTION 4.07 Salary Schedule
(1) The salary schedule is divided into pay grades, with an entry salary for each pay grade.
(2) The appointing authority must appoint a new employee at the pay grade designated for that position pursuant to the salary schedule and pay practices. Any deviation from the salary schedule and pay practices must be submitted in writing to the AOC Director, who will have the final approval.
SECTION 4.08 Position or Employee Actions
(1) Establishment
Each appointing authority has a personnel complement. Any change to the complement must be approved by the AOC Director.
(2) Restructuring
(a) Restructuring occurs when an employee is placed in a new classification and/or pay grade based on the overall needs of the organization. The action is at the direction of the appointing authority with the approval of the AOC Director.
(b) If a position classification is assigned to a higher pay grade, employees in that classification will have their salaries adjusted to at least the entry salary of the new pay grade on the effective date of the change.
(c) If a position classification is assigned to a lower pay grade, an employee's pay may be adjusted to reflect the new position and pay grade.
(3) Reclassification
(a) Reclassification occurs when an employee's job duties are evaluated and it is determined that the tasks associated with the position do not accurately reflect the classification in which the position is placed.
(b) When a permanent and material change of the duties and responsibilities of a position occurs, the appointing authority may submit a written request to the AOC Director to reclassify the position.
(c) Employees who are advanced to a higher pay grade through a reclassification of their position will have their salary raised to at least the entry salary of the higher pay grade. Any exceptions require the approval of the AOC Director.
(d) Employees who are placed in a lower pay grade through reclassification of their position may have their salary adjusted to reflect that of like positions within that pay grade.
(4) Promotion
(a) A promotion is an adjustment to a higher grade level that carries greater discretion or responsibility for the promoted employee.
(b) Promoted employees will have their salary raised pursuant to the salary schedule and pay practices for the new position. Any exceptions require the approval of the AOC Director.
(5) Demotion
(a) A demotion is an adjustment to a lower grade level that carries less discretion or responsibility for the demoted employee.
(b) Demoted employees may have their salary reduced or may keep the salary received prior to the demotion if authorized in writing by the AOC Director.
(c) Demotions are subject to the appeal procedures set forth in Sections 8.05 and 8.06 of these Policies.
(6) Voluntary Demotion
(a) A voluntary demotion is when an employee expresses interest in and accepts a vacant position in a different classification at a lower pay grade.
(b) Employees who apply for and are awarded a position at a lower pay grade will have their salaries adjusted to reflect the pay grade of the position for which they have applied.
(c) Voluntary demotions are not subject to the appeal procedures set forth in Sections 8.05 and 8.06 of these Policies.
(7) Transfer
(a) A transfer is the movement of any employee from one position to another with or without a change in grade.
(b) Transfers may be subject to the grievance and appeal procedures described in Section 8 of these Policies depending on the nature of the transfer and whether it results in a loss of pay, job grade, or other benefits of employment.
(8) Assignment to Special Duty
(a) Employees may be assigned to duties outside of their regularly assigned duties for up to 12 months. An assignment to special duty or an extension of special duty beyond a 12-month period may only be made with prior written approval of the AOC Director or designee.
(b) An employee who is approved for special duty to a position in a higher pay grade may be raised to the entry salary of the pay grade for the class of the new position. Upon expiration of the special duty assignment, the salary of the employee will be adjusted to:
(i) The salary received prior to the special duty; and
(ii) Include all salary advancements and adjustments that would have been awarded if the employee had remained in his or her position prior to the assignment to special duty.
(c) An employee who is approved for special duty to a position in the same or lower pay grade will retain his or her original salary.
SECTION 4.09 Layoffs An employee of the KCOJ may be laid off whenever deemed necessary pursuant to the KCOJ Layoff Policy as approved by the Supreme Court for reasons including, but not limited to, shortage of funds or work, abolishment of positions, or a material change in duties or organization.
SECTION 4.10 Furloughs A furlough is the placing of an employee in a temporary, non-duty, non-pay status because of lack of work, lack of funds, or other non-disciplinary reasons. An employee of the KCOJ may be furloughed whenever deemed necessary by the Supreme Court.

Credits

HISTORY: Adopted eff. 4-15-18
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Administrative Procedures, AP III, Sec. 4, KY ST ADMIN P AP III, Sec. 4
Current with amendments received through October 1, 2019.
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