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.
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Board Membership |
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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)
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Appeals |
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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.
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Meetings |
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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.
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