16.191 Promotions for positions created under KRS 16.187. - Kentucky Statutes

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Page 1 of 4 16.191 Promotions for positions created under KRS 16.187. (1) Commercial vehicle enforcement officers shall be promoted according to the terms and conditions established by this subsection:
(a) Promotions to commercial vehicle enforcement sergeant within the department shall be on the following terms and conditions:
1. In order to be eligible for the promotion, the applicant shall have served
as a commissioned commercial vehicle enforcement officer for at least
six (6) years; 2. Promotions made by the department for this position shall be based upon
the applicant's cumulative score computed from twenty-five percent
(25%) on personnel performance evaluation, thirty percent (30%) on job
simulation examination, and forty-five percent (45%) on a written
examination; 3. A promotional list shall be established and shall remain valid for one (1)
year. The promotional list shall consist of the numerical scores and
rankings of each applicant as provided by subparagraph 2. of this
paragraph. Promotions shall be made in consecutive order beginning
with the highest numerical ranking to fill an interim vacancy. If two (2)
or more applicants receive the same numerical score, the order of
placement on the list shall be determined by seniority of service. Upon
the determination of a new numerical ranking following a new
examination, all previous rankings shall be null and void; 4. The written examination for the applicant's cumulative score shall be
prepared and administered by an individual designated by the
commissioner. Materials and textbooks for the examination shall be
selected by the commissioner and his or her staff. At least three (3)
months prior to the examination date, the commissioner shall inform all
applicants of the exact material and textbooks from which test questions
will be taken. The written examination shall be administered to all
applicants at the same time and the applicant shall receive his or her
numerical score immediately upon completion of the written
examination. An applicant's numerical score shall remain valid for a
period of two (2) years following the date of the examination unless the
source material used as the basis for the test changes by more than thirty
percent (30%); 5. The job simulation examination shall be evaluated by boards designated
by the commissioner that shall consist of:
a. The commissioner or his or her designee. The designee shall have
a rank no lower than commercial vehicle enforcement captain; b. An officer from another police agency of the rank equal to the
position for which the applicant is competing; c. An instructor from an accredited law enforcement education
program; Page 2 of 4 d. A personnel director from private industry; and e. A commercial vehicle enforcement officer of the rank equal to the
position for which the applicant is competing; 6. The designated job simulation examination boards shall perform all
evaluations under guidelines developed and approved by the
commissioner; and 7. Personnel performance evaluations shall be made by the appropriate
supervisory personnel under procedures established and approved by the
commissioner; (b) Promotions from commercial vehicle enforcement sergeant to commercial vehicle enforcement lieutenant within the department shall be on the same
terms and conditions as promotions to sergeant. In addition, any applicant for
lieutenant shall have completed at least one (1) year of continuous service in
grade as a sergeant; (c) Promotions from commercial vehicle enforcement lieutenant to commercial vehicle enforcement captain within the department shall be on the same terms
and conditions as promotions to lieutenant. In addition, any applicant for
captain shall have completed at least one (1) year of continuous service in
grade as a lieutenant; (d) The department shall develop and administer only one (1) test for each of the ranks established by this subsection. All eligible applicants shall be permitted
to participate in the promotional process to the next highest position of
responsibility wherever a vacancy exists; (e) Officers promoted to rank of sergeant, lieutenant, or captain shall serve a probationary period for one (1) year of continuous service from the effective
date of their promotions, and may be reverted to their previous rank with or
without cause at any time during this period; (f) Promotions to the rank of commercial vehicle enforcement major are temporary and shall not be subject to the provisions for selection and
promotion as required by this subsection. All officers in such temporary
positions shall serve at the pleasure of the commissioner and shall revert to
their previous permanent rank upon the termination of their temporary
appointment; (g) The total number of supervisory officers of all classifications established by this subsection shall be limited to a ratio not to exceed one (1) supervisor for
every five (5) nonsupervisory officers; and (h) No officer of the department, other than temporary positions above the rank of captain, shall be promoted to the next highest rank without competing with
other officers as prescribed by the promotional procedure established by this
subsection. (2) Promotions from hazardous devices investigator officer to hazardous devices supervisor shall be on the following terms and conditions: Page 3 of 4 (a) The applicant shall have at least seven (7) years of experience involving explosives or hazardous devices used in the areas of law enforcement, the
military, or firefighting; (b) The applicant shall demonstrate proficiency on specialized explosive disposal equipment and disposal operations through a job simulation examination; (c) When there are multiple applicants for a position, promotions shall be based upon a cumulative score computed from twenty-five percent (25%) on
personnel performance evaluation, thirty percent (30%) on job simulation
examination, and forty-five percent (45%) on a written examination. If an
applicant is not employed by the department, job evaluations from past
employers shall substitute for the personnel performance evaluation on a scale
established by department's human resources branch; (d) Personnel performance evaluations shall be made by the appropriate supervisory personnel under procedures established and approved by the
commissioner; and (e) The commissioner may appoint a hazardous devices supervisor from outside of the department if the applicant meets the minimum requirements for
promotion from hazardous devices investigator to hazardous devices
supervisor as provided by this subsection. (3) Facilities security officers shall be promoted according to the terms and conditions established by this subsection:
(a) Promotions to facilities security sergeant within the department shall be on the following terms and conditions:
1. The applicant shall have served as either a facilities security officer for
at least two (2) years or possess at least two (2) years of other law
enforcement or security services experience; 2. The applicant shall complete and pass a written examination established
by the department; 3. When there are multiple applicants for a position, promotions shall be
based upon a cumulative score computed from sixty percent (60%) on
personnel performance evaluation and forty percent (40%) on a written
examination. If an applicant is not employed by the department, job
evaluations from past employers shall substitute for the personnel
performance evaluation on a scale established by the department's
human resources branch; and 4. Personnel performance evaluations shall be made by the appropriate
supervisory personnel under procedures established and approved by the
commissioner; and (b) Promotions or appointments to facilities security lieutenant within the department shall be on the following terms and conditions:
1. The applicant shall have served as either a facilities security officer for
at least three (3) years or possess at least three (3) years of other law
enforcement or security services experience; Page 4 of 4 2. The applicant shall have at least two (2) years previous supervisory
experience in a law enforcement or security services position; 3. The applicant shall complete and pass a written examination established
by the department; 4. When there are multiple applicants for a position, promotions shall be
based upon a cumulative score computed from sixty percent (60%) on
personnel performance evaluation and forty percent (40%) on a written
examination. If an applicant is not employed by the department, job
evaluations from past employers shall substitute for the personnel
performance evaluation on a scale established by the department's
human resources branch; and 5. Personnel performance evaluations shall be made by the appropriate
supervisory personnel under procedures established and approved by the
commissioner. (4) There shall be no discrimination based on race, sex, age, national origin, color, religion, creed, or political affiliation with respect to the department promotional
system. All personnel actions are to be based solely on merit. Effective: June 25, 2009
History: Created 2009 Ky. Acts ch. 75, sec. 6, effective June 25, 2009.