902 KAR 8:140. Appointment of a health

officer or a health department director of a local health department.

 

      RELATES

TO: KRS 211.170(1), (2), 212.170, 212.230, 212.870

      STATUTORY

AUTHORITY: KRS 194A.050, 212.170, 212.870

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 211.1755(2) requires the cabinet to promulgate

administrative regulations establishing the policies and procedures for the

local health department personnel program. This administrative regulation establishes

the process for appointing a health officer or health department director and

the provisions of the merit system.

 

      Section

1. Appointment of Health Officer. (1) An agency shall appoint a health officer

in accordance with the provisions of KRS 212.170, 212.230, or 212.870.

      (2)

The health officer shall be an unclassified employee and hold office at the

pleasure of both the board of health of the agency and the department.

      (3)

The health officer in the unclassified service shall be subject to the

following administrative regulations:

      (a)

902 KAR 8:060, Salary adjustments for local health departments;

      (b)

902 KAR 8:070, Recruitment, examination and certification of eligible

applicants for local health departments;

      (c)

902 KAR 8:080, Initial appointment, probationary period, layoffs, performance

evaluation, and the resignation of employees of local health departments;

      (d)

902 KAR 8:120, Leave provisions applicable to employees of local health

departments; and

      (e)

This administrative regulation.

      (4)

An individual promoted to the position of health officer shall receive a salary

increase, which shall be the greater of the following:

      (a)

Fifteen (15) percent above current salary;

      (b)

The minimum of the grade assigned to the health officer; or

      (c) Three (3) percent per grade not to exceed midpoint of

grade.

 

      Section

2. Appointment of Health Department Director. (1) In the absence of a health

officer provided for in this administrative regulation, an agency shall be

under the direction of a health department director who shall meet minimum qualification

of education and experience established by the department.

      (2)

A qualified individual appointed or promoted to the position of health

department director after the effective date of this administrative regulation,

shall be employed in the unclassified service and hold office at the pleasure

of both the board of health of the agency and the department.

      (3)

Individuals who are in the position of physician director or health department

director as of September 3, 1993 shall maintain their status.

      (4)

A health department director in the unclassified service shall be subject to

the following administrative regulations:

      (a)

902 KAR 8:060, Salary adjustments for local health departments;

      (b)

902 KAR 8:070, Recruitment, examination and certification of eligible

applicants for local health departments;

      (c)

902 KAR 8:080, Initial appointment, probationary period, layoffs, performance

evaluation, and the resignation of employees of local health departments;

      (d)

902 KAR 8:120, Leave provisions applicable to employees of local health

departments; and

      (e)

This administrative regulation.

      (5)

An individual promoted to the position of health department director shall

receive a salary increase, which shall be the greater of the following:

      (a)

Fifteen (15) percent above current salary;

      (b)

The minimum of the grade assigned to the health officer; or

      (c) Three (3) percent per grade not to exceed midpoint of

grade.

 

      Section

3. Removal of a Health Officer or Health Department Director in the

Unclassified Service. (1) Except as provided for in Section 2 (3) and (4) of

this administrative regulation, if a health officer and

health department director in the unclassified services is removed by the board

of health or the department, he shall be notified in writing, and within

fourteen (14) days may make a written request for a pre-termination conference.

      (2)

If no request for a pre-termination conference is made, the removal shall

become effective upon the expiration of fourteen (14) days.

      (3)

If a request for a pre-termination conference is made, the pre-termination

conference shall be held at the office of the agency within fourteen (14)

calendar days after the request is received by the board of health of the

agency.

      (4)

The health officer or director of health shall not be removed until the

pre-termination conference has been held and a decision rendered by the board

of health of the agency and the department.

      (5)

Upon termination of employment, an employee who was promoted to the health

officer or health department director position may revert to the position from

which he was promoted or may be considered for a vacant position for which he

qualifies in the agency. The employee shall have had at least five (5) years of

continuous service with the agency prior to the promotion to be considered for

reversion. The reversion shall be subject to the approval of the board of

health of the agency.

      (6)

An employee originally appointed to the health officer or health department

director position shall not be reverted to a position in the classified service

unless he qualifies. (19 Ky.R. 2778; eff. 9-3-93; Am. 21 Ky.R. 598; 1055; eff.

9-21-94; 22 Ky.R. 2360; eff. 8-1-96; 24 Ky.R. 2216; 25 Ky.R. 123; 583; eff.

8-19-98; 37 Ky.R. 1796; 2181; eff. 4-1-2011.)