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AP III, Sec. 3 Workplace policies

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. 3
AP III, Sec. 3 Workplace policies
SECTION 3.01 Equal Employment
(1) Statement of Policy
(a) Equal employment opportunities are provided throughout the KCOJ in all employment practices, including recruitment, appointment, job assignment, promotion, compensation, training, and fringe benefits, without regard to race, national origin, color, religion, sex, age, disability, sexual orientation, genetic information, smoker or non-smoker status, veteran's status, political affiliation, or any other characteristic protected by law.
(b) The purpose of this Policy is to promote and assure equitable treatment of all persons who are now employed, who are being considered for employment, who are seeking employment, or who may be recruited for employment in the future.
(c) This policy applies with equal force to elected and appointed officials.
(d) Any employee who has concerns about possible discrimination in the workplace is encouraged to bring those concerns to the attention of the HR Director in writing on the KCOJ Employee Complaint Form. Employees can raise concerns and make good faith complaints without fear of reprisal. Anyone found engaging in any type of unlawful discrimination will be subject to disciplinary action up to and including immediate dismissal or referral to the appropriate disciplinary authority.
SECTION 3.02 Unlawful Workplace Harassment
(1) Statement of Policy
(a) It is the policy of the KCOJ to provide a work environment free of unlawful harassment or retaliation based on race, national origin, color, religion, sex, age, disability, sexual orientation, genetic information, smoker or non-smoker status, veteran's status, political affiliation, or any other characteristic protected by law. Harassment based on race, color, religion, sex, national origin, age, and disability is prohibited by Title VII of the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act (ADA), as amended; the Age Discrimination in Employment Act (ADEA); and KRS 344.040 of the Kentucky Civil Rights Act, as well as various local ordinances.
(b) Employees engaged in any form of unlawful harassment in the course of their employment are subject to appropriate disciplinary action, including dismissal.
(c) This Policy applies equally to elected and appointed officials. Officials alleged to have engaged in any form of unlawful harassment in the course of their appointment or elected term will be referred to the appropriate disciplinary authority.
(2) Definitions
The following definitions only apply to this section:
(a) “Unlawful Workplace Harassment” means unwelcome or unsolicited speech or conduct based upon race, color, religion, sex, national origin, age, disability, sexual orientation, political affiliation, or any other characteristic protected by law that creates a hostile work environment.
(b) “Hostile Work Environment” means an environment that a reasonable person would consider to be hostile or abusive and the person who is the object of the harassment perceives to be hostile or abusive based on a characteristic protected by law as provided under Section 3.01(1)(a) of these Policies. A hostile work environment is determined by looking at all of the circumstances including, but not limited to: (1) the frequency of the alleged harassing conduct; (2) the severity of the alleged harassing conduct; (3) whether the alleged harassing conduct was physically threatening or humiliating; and (4) whether the alleged harassing conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile, or offensive environment.
(c) “Quid Pro Quo Harassment” means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct when submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, or submission to or rejection of such conduct by an individual is used as the basis for an employment decision affecting the individual.
(d) “Retaliation” means an adverse employment action taken against an employee because he or she has opposed any perceived unlawful workplace harassment or because he or she has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing conducted in connection with unlawful workplace harassment.
(3) Forms of Unlawful Workplace Harassment
Unlawful workplace harassment may include, but is not limited to:
(a) Verbal
(i) Jokes that have the purpose or effect of stereotyping, demeaning, or making fun of an individual based upon race, color, religion, sex, national origin, age, disability, sexual orientation, political affiliation, or any other characteristic protected by law.
(ii) Derogatory comments, slurs, epithets, threats, or propositions about an individual's race, color, religion, sex, national origin, age, disability, sexual orientation, political affiliation, or any other characteristic protected by law.
(iii) Verbal innuendo or insinuation that relates to or reflects negatively on a particular race, color, religion, sex, national origin, age, disability, sexual orientation, political affiliation, or any other characteristic protected by law.
(b) Nonverbal
(i) Displaying (including distributing or communicating through electronic systems such as email or text message) photographs, posters, drawings, suggestive objects, literature, cartoons, calendars, graffiti, or any item that is degrading to or reflects negatively on a particular race, color, religion, sex, national origin, age, disability, sexual orientation, political affiliation, or any other characteristic protected by law.
(ii) Making sexually suggestive or insulting noises or sexually obscene gestures.
(iii) Arranging to be alone with a person for the purpose of making sexual advances.
(iv) Nonverbal innuendo or insinuation that relates to or reflects negatively on a particular race, color, religion, sex, national origin, age, disability, sexual orientation, political affiliation, or any other characteristic protected by law.
(c) Physical
Intentional touching, pinching, or brushing the body, kissing, assault, coercing sexual contact, or interference with an individual's normal movements.
(d) Other
Making threatening reprisals as a result of a negative response to harassment, or harassment as a form of retaliation.
(4) Patterns of Unlawful Workplace Harassment
In accordance with the U.S. Equal Employment Opportunity Commission, the KCOJ recognizes that unlawful workplace harassment may include the following considerations:
(a) A man or a woman may be the victim of sexual harassment, and a man or a woman may be the harasser.
(b) The victim does not need to be different from the harasser in race, color, religion, sex, national origin, age, disability, sexual orientation, political affiliation, or any other characteristic protected by law.
(5) Reporting Unlawful Workplace Harassment
(a) The KCOJ is committed to prohibiting unlawful workplace harassment before it rises to the level of a violation of state or federal law. All employees, elected officials, appointed officials, managerial staff, and supervisory staff must immediately report all allegations of unlawful workplace harassment to the HR Director in writing on the KCOJ Employee Complaint Form, as required by Section 3.02(7).
(b) The KCOJ will protect the confidentiality of unlawful workplace harassment allegations as practical and to the extent required by law. However, the KCOJ has a duty to investigate all complaints of workplace harassment, even if the complainant withdraws the complaint or does not wish to pursue the matter.
(6) Retaliation Prohibited
Employees, elected officials, and appointed officials are prohibited from retaliating against a person who, in good faith, reports or corroborates unlawful workplace harassment, or otherwise assists in the investigation.
(7) Complaint Process
(a) Any person who has a good faith complaint of unlawful workplace harassment must notify the HR Director in writing on the KCOJ Employee Complaint Form. The KCOJ Employee Complaint Form must be submitted within two business days of the alleged harassment or as soon as practical. If the HR Director is absent, the General Counsel must be notified. If the HR Director or the General Counsel is the alleged harasser, then the employee or supervisor must notify the AOC Director or designee.
(b) When a complaint is made, immediate and appropriate action must be taken to assure that the complaining party, alleged harasser, appointing authority, and any witnesses are aware of the KCOJ unlawful workplace harassment policy.
(c) Upon receiving the complaint, the HR Director, with agreement of the General Counsel, may immediately take any protective measures necessary for the safety of the parties and affected employees. The HR Director or designee must inform the alleged harasser in writing that a complaint has been filed and to have no contact of any kind with the complaining party. The alleged harasser must also be informed to refrain from any retaliation and to not interfere with the investigation. The HR Director or designee will inform the complaining party in writing that an investigation will begin as soon as possible. If the alleged harasser is an elected or appointed official, the HR Director will forward the complaint to the appropriate disciplinary authority.
(d) The HR Director or designee, in cooperation with the General Counsel or designee, will coordinate and conduct an investigation. In extraordinary circumstances, the AOC Director's Office may require that the investigation be conducted by an outside investigator. The investigation will include interviews with all relevant persons, including the alleged harasser. The HR Director or designee will have 45 calendar days to complete the investigation. Failure to meet this deadline will not invalidate the findings of the investigation. Information regarding the complaint must be kept as confidential as possible.
(e) Within 15 calendar days of completing the investigation, the HR Director or designee, after consulting with the General Counsel or designee, will present his or her written report to the alleged harasser and allow the accused an opportunity to submit a written response, including the right to provide documentary evidence and identify individuals who may have relevant information. If the 15-day deadline is insufficient, the General Counsel may grant an extension of 15 calendar days.
(f) The alleged harasser will have 15 calendar days to submit a written response and supporting documentation. Within 15 calendar days of receipt of the response, the HR Director or designee will present the final report, with findings and recommendations, and the alleged harasser's written response to the AOC Director.
(g) Within 30 calendar days of receipt of the HR Director's or designee's final report, the AOC Director or designee will issue a written final decision to both the complaining party and the alleged harasser, which shall include the allegations, findings, conclusions, and disposition. The HR Director and General Counsel will be copied on the decision letter.
(h) If the alleged harasser is an elected official, the AOC Director or designee will submit written findings, conclusions, and interim recommendations within 30 calendar days to the Chief Justice, or where appropriate the Deputy Chief Justice, who may take interim measures deemed necessary pending action by the appropriate disciplinary authority.
(i) In the event that the AOC Director is the alleged harasser, the HR Director's final report will be presented to the Chief Justice to issue a written final decision to both the complaining party and the alleged harasser, which shall include the allegations, findings, conclusions, and disposition.
(j) Upon a finding of harassment in violation of this policy, the harasser will be subject to disciplinary action, including dismissal, and immediate and appropriate corrective action pursuant to Section 8 of these Policies. Any resulting discipline is subject to the applicable grievance and appeal processes found in Section 8 of these Policies. If the harasser is an elected or appointed official, he or she may be subject to discipline by the appropriate disciplinary authority. A copy of the written final decision will be placed in the harasser's personnel file.
(k) A finding of misconduct that does not amount to harassment shall proceed under Section 8.
(l) If the complaining party is found to have intentionally made a false complaint, he or she will be subject to immediate and appropriate disciplinary action, including dismissal pursuant to Section 8 of these Policies. Any resulting discipline is subject to the applicable grievance and appeal processes found in Section 8 of these Policies.
SECTION 3.03 Disability Accommodations
(1) Statement of Policy
The KCOJ is committed to complying fully with the Americans with Disabilities Act (ADA) and the Kentucky Civil Rights Act, which prohibit discrimination based on disability and ensure equal opportunity in employment for qualified individuals with disabilities. The KCOJ ADA Coordinator processes requests for reasonable accommodations consistent with current ADA law and, where appropriate, ensures reasonable accommodations are provided in a prompt, fair, and efficient manner. The ADA Coordinator also processes grievances related to the ADA.
(2) Application
This policy applies to elected and appointed officials, as well as all employees, interns, temporary employees, and volunteers.
(3) Definitions
The following definitions apply to this section:
(a) “Reasonable Accommodation” means modifications or adjustments to:
(i) A job application process that enables a qualified applicant with a disability to be considered for the position desired;
(ii) The work environment, or the manner or circumstances under which the position held or desired is customarily performed, to enable a qualified individual with a disability to perform the essential functions of that position; or
(iii) Enable an employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by other similarly situated employees without disabilities.
(b) “Disability” means, with respect to an individual:
(i) A physical or mental impairment that substantially limits one or more of an individual's major life activities;
(ii) A record of such an impairment; or
(iii) Being regarded as having such an impairment.
(c) “Major Life Activities” means activities that include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working. These also include the operation of a major bodily function, including but not limited to, functions of the immune system, special sense organs and skin, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions.
(d) “Qualified Individual with a Disability” means an individual with a disability who satisfies the requisite skill, experience, education, and other job-related requirements of the position that the individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position.
(e) “Essential Functions” means the fundamental job duties of an employment position. A function can be essential if, among other things the position exists specifically to perform that function; there are a limited number of other employees who could perform the function; or the function is specialized and the individual is hired based on his or her ability to perform it. This term does not include the marginal functions of the position.
(f) “Undue Hardship” means a specific accommodation would require significant difficulty or expense. Determination of undue hardship is made on a case-by-case basis, considering factors that may include, but not be limited to, the nature or cost of the accommodation needed and the impact of the accommodation on the operations of the office or agency.
(4) Request for Reasonable Accommodation
(a) An employee may request a reasonable accommodation from his or her appointing authority either verbally or by completing form AOC-ADA-1, Request for Accommodation. Upon receipt, the appointing authority or designee must submit the request and the completed form to the ADA Coordinator at the AOC office in Frankfort.
(b) A verbal request for an accommodation must be confirmed in writing by the employee within seven calendar days by completing form AOC-ADA-1. An employee must submit the completed form to his or her appointing authority.
(c) The KCOJ may require medical information when an employee has requested a reasonable accommodation to determine whether an employee has an ADA-covered disability and if the employee can continue to perform his or her essential job functions. When the disability and the need for accommodation are obvious, the KCOJ will not seek any further medical information. When the disability or need for accommodation is not obvious, the KCOJ may ask the individual for reasonable documentation about his or her disability and functional limitations.
(d) Upon request, the employee must have his or her licensed health care professional complete form AOC-ADA-2, Request for Accommodation Medical Report (Medical Report), with instructions that the health care professional forward the Medical Report to the ADA Coordinator. The employee also must complete form PER 5.1, Authorization to Release Medical Information, and provide it to his or her health care professional so that the health care professional may release the Medical Report to the ADA Coordinator.
(e) Medical information obtained in connection with the reasonable accommodation process will be kept confidential and placed in a file separate from the employee's personnel file.
(f) Failure to provide appropriate documentation or to cooperate with the efforts of the ADA Coordinator to obtain such documentation may result in denial of the reasonable accommodation.
(5) Disability Determination and Need for a Reasonable Accommodation
(a) Before addressing the merits of the accommodation request, the ADA Coordinator first must determine whether the employee is a qualified individual with a disability under the ADA.
(b) If the ADA Coordinator or designee reasonably believes that the employee is a qualified individual with a disability, the ADA Coordinator will work with the employee to identify potential reasonable accommodations. The ADA Coordinator must determine:
(i) Whether the accommodation is needed;
(ii) The effectiveness each potential accommodation would have in enabling the employee to perform the essential functions of the position;
(iii) If the requested accommodation is effective and whether providing the accommodation would pose an undue hardship on the office or agency;
(iv) If there would be an alternative accommodation that would not pose an undue hardship on the office or agency;
(v) If there is no alternative accommodation, whether there is an equivalent vacant position for which the employee is qualified and may be reassigned, unless to do so would pose an undue hardship on the office or agency; and
(vi) If there is no vacant equivalent position, whether there is a vacant lower-level position for which the employee is qualified and may be reassigned, unless to do so would pose an undue hardship on the office or agency.
(6) Notification to Grant or Deny Reasonable Accommodation Request
(a) The HR Director or designee must provide the employee with written notification and an explanation of the decision to grant or deny the request.
(b) The reasonable accommodation granted may not be the accommodation requested by the employee. The HR Director or designee has the ultimate discretion to choose among effective accommodations. If the reasonable accommodation cannot be provided immediately, the HR Director or designee must inform the employee when it will be provided.
(c) If a reasonable accommodation request is denied and the employee is not satisfied with the result, the employee may file a complaint with the Equal Employment Opportunity Commission (EEOC), the Kentucky Commission on Human Rights, or the applicable local human rights commission.
SECTION 3.04 Drug-Free Workplace
(1) Statement of Policy
(a) The KCOJ is committed to promoting the safety, health, and well-being of all employees and other individuals in our workplaces. Additionally, the KCOJ is committed to carrying out the provisions of the federal Drug-Free Workplace Act of 1988.
(b) Employees are prohibited from manufacturing, distributing, dispensing, unlawfully possessing, or unlawfully using a controlled substance while performing work duties.
(c) This policy applies to elected and appointed officials. Officials in violation of any provision of this Section will be referred to the appropriate disciplinary authority.
(2) Drug-Free Awareness
The Chief Justice delegates to the AOC Director the responsibility to inform employees and officials about:
(a) The dangers of drug abuse in the workplace;
(b) The KCOJ's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance programs; and
(d) The penalties that may be imposed upon employees and officials for drug abuse violations.
(3) Definitions
For the purpose of this section, the following definitions shall apply:
(a) “Controlled Substance” means a controlled substance in Schedules I through V of 21 U.S.C. § 812 or KRS Chapter 218A.
(b) “Conviction” means the final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere.
(c) “Workplace” means a site for the performance of work, including buildings and grounds for such sites. It also includes the location of any work-related travel between worksites or work-related travel in the course and scope of employment.
(4) Criminal Charges and Convictions
Employees charged or convicted of a criminal offense under KRS Chapter 189A, KRS Chapter 218A, KRS Chapter 506, or 21 U.S.C. § 801 et seq. must report it to their supervisor or appointing authority pursuant to Section 3.06 of these Policies.
(5) Violation of Policy and Disciplinary Actions
(a) Violations of this policy include:
(i) Unlawful manufacture, distribution, dispensation, possession, facilitation, solicitation, or use of a controlled substance in the workplace;
(ii) Being under the influence of a controlled substance in the workplace;
(iii) Inability to work efficiently and effectively because of off-duty use of a controlled substance;
(iv) Violations of laws related to controlled substances; and
(v) Failure to notify the appointing authority or supervisor of a conviction under KRS Chapter 189A, KRS Chapter 218A, KRS Chapter 506, or 21 U.S.C. § 801 et seq.
(b) Disciplinary Action
Violation of this policy may result in disciplinary action, up to and including dismissal.
SECTION 3.05 Workplace Violence
(1) Statement of Policy
(a) The KCOJ is committed to preventing workplace violence and maintaining a safe work environment. Accordingly, the KCOJ has adopted the following guidelines to address workplace violence. Violence in the KCOJ work environment will not be tolerated.
(b) The KCOJ prohibits any employee from carrying a weapon, including licensed concealed weapons, into any portion of court buildings, courtrooms, related court buildings, places of employment, or educational sites that are leased, owned, or occupied by the KCOJ governmental unit. This does not include the legal possession of a weapon in a vehicle. Exceptions to this rule include Court Security Inspectors, Peace Officers, and Court Security Officers if it is necessary for their official duties; and Justices, Judges, and Circuit Court Clerks, including retired and senior status Justices and Judges actively serving on the bench, if they are licensed to carry concealed weapons.
(c) Any employee in violation of this policy is subject to appropriate disciplinary action, up to and including dismissal.
(2) “Workplace Violence” means the attempt, threat, or act of intimidation, harassment, physical violence, and abuse that endangers or is likely to endanger the health and safety of KCOJ employees, officials, and the general public while in KCOJ offices, facilities, worksites, and vehicles, or while conducting KCOJ business. Workplace violence may be perpetrated by an official, manager, supervisor, employee, co-worker, family member, or a member of the general public.
(3) Examples of Workplace Violence
Workplace violence includes, but is not limited to, the following:
(a) Threatening to harm an official, an employee, or a member of the general public;
(b) Brandishing or displaying a weapon or an object that can be used as a weapon in a manner which would threaten, intimidate, or present a safety risk to an official, an employee, or a member of the general public;
(c) Intimidating, threatening, or harassing another person either verbally, in writing, or by gesture;
(d) Stalking;
(e) Striking, slapping, or otherwise physically assaulting another person; or
(f) Using KCOJ resources and property such as work time, phones, fax machines or email to perpetrate workplace violence.
(4) Reporting and Investigative Responsibilities
(a) All elected officials, appointed officials, and employees are encouraged to be alert to the possibility of violence on the part of officials, managers, supervisors, employees, former employees, and members of the general public.
(b) Employees must notify their appointing authority or designee as soon as possible of any acts or threats of violence they have either witnessed or received. This includes any threatening statement, harassment, or behavior they have reasonable cause to believe is a potential risk to their health and safety, or to other officials, employees, or the general public. Employees should not place themselves in peril.
(c) The appointing authority must use the KCOJ Incident Report (AOC-PT-50) to report acts or threats of violence. The AOC-PT-50 will be submitted to the HR Director.
(d) To maintain workplace safety and the integrity of an investigation, the KCOJ may suspend employees, with or without pay, pending investigation.
(5) Retaliation Prohibited
Retaliation against any person for reporting or assisting in the investigation of violence in the workplace is prohibited.
SECTION 3.06 Criminal Charges and Convictions
(1) For purposes of this section, criminal offense means conduct for which a term of incarceration or a fine is provided by law.
(2) Employees charged with a criminal offense must report it to their supervisor or appointing authority within 24 hours of being charged. The supervisor or appointing authority must report the charge to the HR Director or designee immediately. The employee may be suspended with or without pay, as determined by the HR Director and the General Counsel.
(3) Employees convicted of a criminal offense must report it to their supervisor or appointing authority within 24 hours of being convicted. The supervisor or appointing authority must report the conviction to the HR Director or designee immediately. Employees may receive disciplinary action up to and including dismissal from employment upon conviction of a criminal offense. In determining the appropriate disciplinary action for the conviction, the HR Director and the General Counsel shall consider the nature of the offense and whether the employee can no longer perform his or her work duties because they are directly related to the offense, and whether public trust and confidence in the court system is undermined.
(4) Employees suspended without pay pursuant to subsection (2) of this Section do not have a right of appeal under Section 8.05 of these Policies until a final employment action has been taken.
SECTION 3.07 Civil Matters Employees must notify their supervisor or appointing authority immediately upon learning of the initiation of any civil action that may come before the courts of the Commonwealth in which the employee or a member of the employee's family is a named party.
SECTION 3.08 KCOJ Property and Resources
(1) Employees, appointed officials, and elected officials must use public resources, property, and KCOJ funds for official business only.
(2) Employees, appointed officials, and elected officials must return all KCOJ property, including but not limited to keys, identification badges, parking badges, and assigned technology hardware, to their appointing authority or designee upon separation of employment or office. The KCOJ will consider the failure or refusal of any employee, appointed official, or elected official to return KCOJ property upon separation to constitute theft.
(3) An employee must receive prior approval from his or her appointing authority before removing any KCOJ property, including technology hardware, from his or her workstation. An appointing authority may only permit an employee to remove KCOJ property from his or her workstation if there exists a legitimate business need for the removal and may require the employee to return the KCOJ property at any time.
(4) Employees, appointed officials, and elected officials are subject to the Acceptable Use Policy for COJ Information Technology. The Acceptable Use Policy for COJ Information Technology shall be available on the HR Intranet site and from the AOC HR Department.
(5) The KCOJ policy prohibiting offensive, intimidating, or harassing material in the workplace applies with equal force to material accessed by, communicated through, or stored upon electronic systems.
(6) Any violation of this policy may result in disciplinary action, up to and including dismissal. Matters involving Justices, Judges, Commissioners, and Circuit Court Clerks will be addressed by the appropriate disciplinary authority.
SECTION 3.09 Dress Code
Employees must dress appropriately and maintain a professional appearance during all working hours and at all functions while representing the KCOJ. Prohibited attire includes, but is not limited to, clothing exhibiting inappropriate language or graphic depiction of hate, discrimination, sexual innuendo, alcohol or drugs; flip flops or shoes made entirely of rubber or plastic; shorts or skorts of any variety or material; and excessively tight or revealing clothing.
SECTION 3.10 Anti-Nepotism Policy It is the policy of the KCOJ that all employees be hired based on demonstrated knowledge, skills, abilities, and bona fide work-related factors, and not based on favoritism or family relationship.
SECTION 3.11 Practice of Law While holding a position with the KCOJ, an employee or elected official who is an attorney must not engage in the practice of law outside the scope of his or her duties, except an employee or elected official may act pro se and may, without compensation, give legal advice to and draft or review documents for a member of his or her family. All employees and elected officials previously engaged in the practice of law shall cease all advertising upon employment by or election to the KCOJ.
SECTION 3.12 Outside Employment of Full-Time and Part-Time Employees
(1) The KCOJ must be the primary employer of each full-time employee and part-time employee.
(2) Due to the obligation of all KCOJ employees to maintain and promote public confidence in the judicial system, outside employment will be reviewed to ensure conformity with this Code of Conduct.
(3) All KCOJ employees are prohibited from:
(a) Outside employment that creates a conflict of interest, potential conflict of interest, or the appearance of a conflict of interest.
(b) Outside employment that cannot be accomplished before or after the employee's normal KCOJ working hours.
(c) Outside employment that is incompatible with the performance of the employee's KCOJ work duties.
(d) Outside employment with an entity that conducts financial business with the KCOJ, an entity that regularly appears in court, or an entity that requires the employee to have frequent contact with attorneys who regularly use the court system.
(e) Performance of work for any state governmental entity within the Commonwealth of Kentucky without the written consent of the AOC Director or designee.
(f) Outside employment that abuses the employee's position with the KCOJ or uses confidential information acquired in the performance of the employee's work.
(4) Approval or Denial of Request
(a) An employee who wishes to engage in outside employment must provide a written request on the Secondary Employment Request Form to his or her appointing authority.
(b) All new employees who wish to continue their outside employment must provide a written notification of such employment to their appointing authority at the start of their employment with the KCOJ and receive written approval to continue such employment. New employees engaged in outside employment will be required to cease such employment if the employment does not comply with these Policies.
(c) Written requests and notifications for approval of outside employment must contain the following information:
(i) Name, address, and phone number of outside employer;
(ii) Duties and responsibilities of the position; and
(iii) Scheduled work hours for each week.
(d) The appointing authority, after consultation with the HR Director or designee, will determine if the request complies with these Policies.
(e) The employee may request reconsideration by submitting the request to the AOC Director or designee for a final determination.
(5) Change in Outside Employment Status
All employees with approved outside employment must immediately notify their appointing authority in writing when a change in their outside employment status occurs. Written notification of a change in outside employment status must be made when any of the following occurs:
(a) Change in the identity of the outside employer;
(b) Substantial change in the duties or responsibilities of the outside employment;
(c) Substantial change in work schedule and hours of the outside employment; or
(d) Reasonable belief that an actual or potential conflict of interest, as specified in Section 2.05 of the Policies, has developed.
After consulting with the HR Director or designee, the appointing authority will determine whether the change in outside employment status complies with these Policies.
SECTION 3.13 Travel Regulations
(1) All reimbursement for travel expenses incurred during KCOJ official business will be in accordance with the Administrative Procedures for the Court of Justice AP Part VII, Reimbursement for Official Travel, available on the HR Intranet site and from the AOC HR Department.
SECTION 3.14 Solicitation
(1) Employees must seek prior approval from their appointing authority prior to soliciting other employees or the public for any charitable purpose during work hours or on KCOJ property.
(2) The appointing authority may only approve employee solicitations of a charitable nature and purpose, and may not approve any solicitation request that is for the personal benefit or profit of the employee.

Credits

HISTORY: Adopted eff. 4-15-18
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Administrative Procedures, AP III, Sec. 3, KY ST ADMIN P AP III, Sec. 3
Current with amendments received through October 1, 2019.
End of Document© 2019 Thomson Reuters. No claim to original U.S. Government Works.