2005 Annual Report

SUMMARY OF ACTIVITIES

     This annual report is generated pursuant to KRS 18A.075(6).

     The list below enumerates the major activities of the Personnel Board during Fiscal Year 2005.

    1. Hearing appeals pursuant to the provisions of KRS Chapter 18A of Merit System (classified) employees and unclassified employees, who have been dismissed, demoted, suspended or otherwise penalized.

    2. Revision of administrative regulations as needed.

    3. Zealous protection of equitable treatment and due process of all state employees.

    4. Participation by hearing officers, Executive Director and General Counsel in intensive hearing officer training conducted by the Office of the Attorney General and other professional organizations as mandated by KRS Chapter 13B, Administrative Hearing Procedures Act.

    5. Training state personnel on the activities of the Board and the provisions of KRS Chapter 18A.

    6. Conducting investigations of merit system violations as they are brought to us by various means.

 

Board Membership

KENTUCKY PERSONNEL BOARD MEMBERSHIP
FISCAL YEAR 2005
July 1, 2004 – June 30, 2005

     The Kentucky Personnel Board consists of five members who are appointed by the Governor for overlapping terms of four years, and two Merit System (classified) employees who are elected by their peers, also for four year terms.

ACTIVE MEMBERS

John C. Chowning       (Aug. 19, 2004 -Jan. 1, 2006)
Campbellsville   
Chairman

Bobby J.Meade           (July 12, 2002 - June 30, 2006)
Danville         
Vice-Chairman

Ann Aukerman             (Oct. 8, 2004 - June 30, 2006)
Lexington     

Bruce E. Middleton       (Jan. 10, 2003 - Jan. 1, 2007)
Baxter

Timm M. Hurst             (June 15, 2004 - Jan. 1, 2008)
Lexington

Rick W. Ifland              (June 15, 2004 - Jan. 1, 2008)
Versailles

Jack C. Smith, Jr.         (June 23, 2005 - Jan. 1, 2009)

PAST MEMBERS WHO SERVED PART OF FISCAL YEAR 2005

Robert A. Bowman        (Mar. 27, 2002 -  Aug. 9, 2004)
Frankfort (deceased)

Wayne "Doug" Sapp      (April 12, 2001- Jan. 1, 2005)
Columbia (term expired)

Joy Moore                    (Feb. 7, 2005 - May 25, 2005)
Florence (resigned)

 

Appeals

     In Fiscal Year 2005, the Personnel Board received four hundred eighty-eight (488) appeals alleging some violation of KRS Chapter 18A.  These appeals came from classified employees who had been dismissed, suspended, demoted, laid off, or who alleged some other merit system violation.  Also included in this number are appeals from unclassified employees who were dismissed, suspended, demoted, or otherwise penalized for cause or who made allegations of discrimination.  Persons eligible on employment registers compiled by the Personnel Cabinet who allege some form of penalization are also allowed to appeal to the Board and those appeals are also included in this number.

Appeals Pending 7-1-04                       285
Appeals Filed During Fiscal Year            488
Final Orders Sent Out for Fiscal Year      515

Total Pending Cases 6-30-05                 258

     The Board held approximately four hundred (400) pre-hearing conferences.  Each appeal is scheduled for a pre-hearing to determine the issues and address any matters that need to be clarified before the evidentiary hearing.  The Board’s Executive Director and General Counsel conduct the pre-hearings to conserve the hearing officers’ funding.

     The hearing officers conducted one hundred forty-six (146) evidentiary hearings.  Some of these were multiple-day hearings, while others lasted only part of a day.  After the hearing officer completes his recommended order, and upon filing of subsequent pleadings and oral arguments, if requested, the Board takes its final action.

FINAL ORDERS SENT

Agency Actions Upheld
(Appeal dismissed)                                     251

Appeals Sustained to Extent
(Agency’s penalty lessened)                            9

Appeals Sustained
(Agency’s action reversed)                               5

Reinstatements
(Employee returned to work after dismissal)       4

Agreed Orders (Settlements)                          60

Withdrawals
(Appellant decided not to proceed)                186
                                                                515

     The sixty settlements are in large part a result of efforts of the agencies working with the Kentucky Employees Mediation Program of the Personnel Cabinet.

 

 

Meetings

     In keeping with KRS 18A.070(2), the Personnel Board held at least one regular meeting each month.

          2004                                2005

      July 9                               January 14

      August 13                         February 18

      September 10                    March 18

      October 8                          April 15

      November 12                     May 20

      December 10                     June 17

     All meeting were conducted in accordance with the Kentucky Open Meetings Act (KRS 61.805, et seq.).  Notices were sent to the press and posted in public places.