109 KAR 2:020. Training incentive.

 

      RELATES TO: KRS 64.5275(1), (2), (6),

(7), 441.055

      STATUTORY AUTHORITY: KRS 64.5275(6)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

64.5275(6) establishes an annual incentive award of $100, adjusted by the

consumer price index, for an eligible officer who successfully completes an

annual forty (40) hour training unit, is in continuing service in the same

office, and successfully completes forty (40) hours of training each subsequent

year. The statute requires the Department for Local Government to approve and

certify each training unit, and to promulgate administrative regulations to

establish guidelines for approval and certification. This administrative

regulation establishes guidelines for approval and certification of training

units qualifying eligible officers to obtain annual incentive awards.

 

      Section 1. Definitions. (1)

"Department" means the Department for Local Government.

      (2) "Division" means the

Division of Local Resources, Department for Local Government.

      (3) "Director" means the

Director of the Division of Local Resources, Department for Local Government.

      (4) "Eligible officer" means a:

      (a) County judge/executive;

      (b) County clerk;

      (c) Jailer who operates a full-service

jail, as determined by the Department of Corrections;

      (d) Jailer who operates a life-safety

jail, as determined by the Department of Corrections;

      (e)

Jailer who is part of a transportation plan;

      (f) Jailer who acts as court bailiff;

      (g) Sheriff; and

      (h) In a county that does not contain an

urban-county form of government, a:

      1. Justice of the peace who serves on a

fiscal court; and

      2. County commissioner.

      (5) "Life safety jail" means a

jail in a county that elects not to hold state prisoners in their jails, as

described at KRS 441.055(2), and for which standards are limited to health and

life safety.

      (6) "Training incentive" the

monetary award described at KRS 64.5275(6).

 

      Section 2. Areas of Learning. The

director shall base approval and certification of each training-incentive-eligible

course upon its relation to one (1) of the following primary areas of

instruction regarding the operation of county government:

      (1) County financial reporting, including

course instruction in:

      (a) Budget preparation;

      (b) Adoption of tax rates;

      (c) Tax collection policy and

enforcement;

      (d) Investment policy; and

      (e) Audits.

      (2) Duties and responsibilities of

elected county officials, including course instruction in:

      (a) Election law and procedure;

      (b) Conducting meetings of the fiscal

court and various local government committees, including:

      1. Proper keeping of fiscal court

minutes;

      2. Parliamentary procedure; and

      3. The legal ramifications of the open

meetings and open records law;

      (c) Ethics in county government, and

ethics codes;

      (d) Dealing appropriately with juveniles;

and

      (e) Money for roads and the county road

plan.

      (3) Personnel law and regulation,

including course instruction in:

      (a) Labor and wage and hour law and

regulation;

      (b) Payroll procedures; and

      (c) Avoiding legal pitfalls in the area

of personnel administration, including:

      1. Harassment and sexual harassment;

      2. Equal employment opportunity;

      3. Americans with Disabilities Act;

      4. Family Medical Leave Act;

      5. Political terminations;

      6. Personnel policies and procedures; and

      7. Other legal issues that may affect

county government personnel.

      (4) County legislative issues, including

course instruction in:

      (a) Adopting an effective county

administrative code; and

      (b) Proper adoption of county ordinances

and resolutions.

      (5) The director may certify and approve

courses or areas of learning in addition to those found in subsections (1)

through (4) of this section, based on the criteria established in this section

and Section 3 of this administrative regulation.

 

      Section 3. Approval of Courses or

Additional Areas of Learning. The director shall:

      (1) Approve each course of instruction

prior to an eligible officer attending and receiving hourly credit for that

course;

      (2) Approve and certify each course on an

hourly basis, or portion of an hour;

      (3) Approve and certify each course

pursuant to KRS 64.5275(6), based upon the following criteria:

      (a) Relevance of instruction to the

statutory duties performed by the officer seeking certification and approval;

      (b) Relevance of instruction to the areas

of learning established in Section 2 of this administrative regulation;

      (c) Organization or entity sponsoring the

training event;

      (d) Extent of actual training at the

event;

      (e) Ability of the entity sponsoring the

training to verify that the officer attended the training event;

      (f) Qualifications of the training

instructor; and

      (g) Other information relevant to the

approval and certification of the training course or event;

      (4) Refuse to approve or certify a

training course or event that fails to meet criteria established in Section 2

of this administrative regulation or this section;

      (5) Automatically approve and certify a

training course sponsored by the department;

      (6) Assign hourly credit in accordance

with subsection (2) of this section;

      (7)(a) Approve and certify a training

course sponsored by another entity or organization if the director determines

that the course or training event meets the criteria established in this

section and Section 2 of this administrative regulation;

      (b) Consider submissions for approval and

certification from an organization, entity, or individual, if it is submitted

at least fourteen (14) days prior to the scheduled training event, and if it

contains:

      1. A description of the proposed training

course or event on a Training Approval Request Form; and

      2. An outline of the proposed training

course or event, including the name and qualification of each instructor; and

      3. Additional dates the training course

or event is scheduled to be performed; omission of scheduled dates shall

preclude the grant of credit for the course;

      (c) Prior to the scheduled training

course, notify the organization or entity of his decision concerning approval;

and

      (d) Not approve training courses or

events submitted after the scheduled training course or event, except upon a

showing of hardship by the organization, entity or individual;

      (8) Not allow training course credit for

and eligible officer if proof of attendance was submitted more than sixty (60)

days after the date of the event; and

      (9) Offer training course credit to an

eligible officer who conducts a training session which meets the criteria

established in Section 2 of this administrative regulation or this section.

 

      Section 4. Annual Training Unit Approval.

(1) The department shall pay an incentive award to an eligible officer:

      (a) Upon completion of the qualifying

training unit; and

      (b) Annually, upon completion of the

qualifying training unit for subsequent calendar years.

      (2) An eligible officer shall carry

training incentive awards received into a new term of office, based upon

continuing service in that office.

 

      Section 5. Certification by the

Department. (1) The division shall:

      (a) Keep track of the hours earned by

each eligible officer; and

      (b) Certify the hours earned to an

eligible officer upon his request.

      (2) Upon successful completion of the

forty (40) hour training unit, the director shall certify to the eligible

officer, the fiscal court, and the county treasurer that the officer has

qualified to receive the training incentive.

      (3)(a) In order to receive credit for an

approved course or training event, the eligible officer shall submit a Training

Approval Request Form to the division for processing.

      (b) Failure by an eligible officer to

submit a Training Approval Request Form for a particular training course or

event may result in:

      1. The eligible officer losing credit

toward his training incentive; and

      2. An inaccurate transcript for that

eligible officer.

      (4) Training incentives shall be included

as a part of the county budget.

 

      Section 6. Evaluations. (1) The division

may provide a Workshop Evaluation Form for each participant at a training

course or event approved and certified by the division.

      (2) Each organization, state agency, or

entity hosting a training course or event shall assure that each participant

completes and turns in the Workshop Evaluation Form prior to leaving the

training.

      (3) The department shall use the

completed evaluation forms to:

      (a) Measure the success of the training

program;

      (b) Expand the training curriculum; and

      (c) Identify additional areas of

potential training.

 

      Section 7. Incorporation by Reference.

(1) The following material is incorporated by reference:

      (a) The "Department for Local

Government Training Approval Request Form, December 2001 edition"; and

      (b) The "Workshop Evaluation,

December 2001 edition".

      (2) This material may be inspected,

copied or obtained, subject to applicable copyright law, at the offices of the

Department for Local Government, 1024 Capital Center Drive, Suite 340,

Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (26 Ky.R.

494; Am. 991; eff. 11-15-99; 28 Ky.R. 1442; 1790; eff. 2-7-2002; 29 Ky.R. 493;

914; eff. 10-16-2002.)