III, Sec. 1 General information

Section 1.01. Administration Of These Policies. The personnel administration of the Kentucky Court of Justice (KCOJ) is governed by these published Policies. All forms referenced herein can be found on the Administrative Office of the Courts (AOC) Department of Human Resources (AOC HR Department) Intranet website at https://kcoj.sharepoint.com/sites/HR.

The AOC shall implement any procedures and trainings necessary to give effect to these Policies.

Section 1.02. Applicability of these Policies. These Policies are applicable to all employees in the KCOJ.

Section 1.03. Elected and Appointed Officials. These Policies are not applicable to elected and appointed officials in the KCOJ, unless otherwise specified.

Section 1.04. Definitions. As used throughout these Policies, the following definitions apply:

(1) “Accrued paid leave” means compensatory, annual, or sick leave as defined in Section 7 of these Policies.

(2) “ADA Coordinator” means a representative from the AOC HR Department who is designated by the HR Director to coordinate compliance with the Americans with Disabilities Act.

(3) “AOC Director” means the Director of the AOC, who acts as the Chief Justice's designee with authority to administer these Policies, including, but not limited to, the enforcement of final disciplinary actions. The AOC Director is the appointing authority for personnel at the AOC and may delegate, in his or her discretion, all or a portion of that authority to AOC employees with supervisory responsibilities.

(4) “AOC HR Department” means the AOC Department of Human Resources located in Frankfort, Kentucky, managed by the HR Director, and responsible for enforcing these Policies and providing any other related services associated with the administration of personnel for the KCOJ.

(5) “Appointed official” means an individual who is appointed as a trial commissioner, domestic relations commissioner, or master commissioner in the KCOJ. This does not include an appointed Judge or Circuit Court Clerk.

(6) “Appointing authority” means an individual who has been delegated authority by the Chief Justice to act on behalf of an agency or office of the KCOJ with respect to appointments, position actions, payroll documents, leave requests, and disciplinary actions, in conformity with these Policies, subject to the best interests of the KCOJ as determined by the Chief Justice, as the Chief Executive Officer of the KCOJ.

(7) “Chief Deputy Clerk” means a deputy clerk who has the requisite abilities and knowledge of the operation of the Office of the Circuit Court Clerk and serves in a general supervisory capacity in relation to all other deputy clerks. There may be one Chief Deputy Clerk for every 15 deputy clerks in an Office of the Circuit Court Clerk. The AOC Director may set a maximum number of Chief Deputy Clerks for an office.

(8) “Elected official” means an individual who is elected or appointed to a constitutional office in the KCOJ. The elected official is the appointing authority for the KCOJ personnel assigned to his or her office.

(9) “Employee” means an individual hired into a position in the KCOJ, whether tenured or non-tenured, for which he or she is compensated on a full-time or part-time basis.

(10) “Employee Relations liaison” means a representative from the AOC HR Department who is designated by the HR Director to perform Employee Relations tasks.

(11) “Family” means the employee's spouse, child, parent, grandparent, grandchild, brother, or sister, or a person of similarly close relationship defined as: (a) an intimate partner who has resided with the employee for at least one year; or (b) one for whom the employee is legally responsible.

(12) “General Counsel” means the General Counsel for the AOC in Frankfort, Kentucky.

(13) “Human Resources Director” (HR Director) means the Executive Officer for the AOC HR Department.

(14) “Intern” means an individual who may receive academic credit and may also receive compensation. An intern who receives compensation is governed under the same rules as temporary employees.

(15) “Non-tenured employee” means an at-will employee appointed to a non-tenured position described in Section 1.05 of these Policies, who does not serve a probationary period and does not have the right to receive progressive discipline or the right to grieve or appeal position or employee actions, disciplinary actions, or a dismissal.

(16) “Supervisor” means the individual to whom the employee directly reports.

(17) “Temporary employee” means a non-tenured, at-will employee who has been appointed to an interim position that shall be less than nine months in duration.

(18) “Tenured employee” means an employee appointed to a tenured position described in Section 1.06 of these Policies, who has successfully completed the probationary period described in Section 4.04 of these Policies, and as a result, may receive progressive discipline and has grievance and appeal rights as described in Section 8 of these Policies.

(19) “Volunteer” means an individual who assists a KCOJ employee or department without compensation for services and does not have the rights or benefits of paid employees.

(20) “Workplace” means any property that is leased, owned, or reserved for use by the KCOJ, any other property or space where official duties are performed, including the buildings and surrounding grounds containing such property or space, and the location of any travel between workplaces or in the course and scope of employment.

Section 1.05. Non-Tenured Positions.

(1) Non-tenured positions are as follows:

(a) Judicial staff, including judicial support specialists, legal assistants, and case managers hired on or after September 1, 2004; part-time employees hired on or after April 15, 2018; staff attorneys, court administrators, and employees of the court administrator's office;

(b) Chief deputy clerks within the Offices of Circuit Court Clerk;

(c) Executive administrative employees of the Court of Justice, including Chief of Staff and Counsel to the Chief Justice, Clerk of the Supreme Court, and AOC Director;

(d) Principal administrative employees of the Supreme Court and Court of Appeals; and principal administrative employees of the AOC, including the AOC Deputy Director, General Counsel, Deputy General Counsel, Senior Legal Counsel, Legal Counsel, State Law Librarian, directors, executive officers, officers, managers, and department legal liaisons;

(e) Federally funded, time-limited positions;

(f) Temporary employees;

(g) Interns; and

(h) Other positions as recommended by the HR Director and the Budget Director and designated on the approved job specification.

(i) Court of Justice positions shall be approved by the Chief Justice.

(ii) AOC positions shall be approved by the AOC Director or designee.

(2) Employees appointed to a non-tenured position serve at the pleasure of and at the will of their appointing authority for an unspecified period of time. The appointing authority or designee may dismiss a non-tenured employee, with or without cause or notice, at any time, pending approval of the HR Director. No provision in other KCOJ policies and procedures alters an employee's status as a non-tenured employee.

(3) Employees appointed to a non-tenured position must sign form AOC-PER-1.2, Non-Tenured Status Acknowledgment, and submit it to the AOC HR Department to be placed in the employee's personnel file. Failure to submit form AOC-PER-1.2 does not change an employee's position or his or her status as a non-tenured employee.

Section 1.06. Tenured Positions.

(1) All positions not addressed in Section 1.05 of these Policies and designated on the approved job specification are considered tenured positions.

(2) Any employee appointed to a tenured position is an at-will employee at the time he or she is hired and while serving his or her probationary period. An employee will become a tenured employee upon the successful completion of a probationary period as determined by the appointing authority or designee. See Section 4.04 of these Policies.

(3) Individuals who are tenured employees as of the effective date of these Policies shall remain tenured employees as long as they remain in the previously designated tenured position.

(4) Employees designated as tenured employees may be dismissed pursuant to the procedures outlined in Section 8.04 of these Policies.

Section 1.07. Internal Office Policies.

(1) Each appointing authority or designee may have internal office policies that are consistent with the Rules of the Supreme Court, including these Policies and all applicable statutes.

(2) AOC Office Policies

(a) All internal office policies for the AOC are subject to AOC Policy-001, Policies and Standard Operating Procedures: The Creation, Publication, Review, Revision, and Communication of Administrative Procedures, Policies, Standard Operating Procedures, Manuals, Processes, and Guidelines, and must be reviewed and approved by the AOC Office of General Counsel and the AOC Director or designee.

(b) All internal office policies for the AOC are subject to review and revision as provided in AOC Policy-001.

(3) KCOJ Office Policies

(a) All internal office policies for KCOJ elected official offices must be reviewed by the AOC HR Department and approved by the AOC Office of General Counsel.

(b) Upon revision of these Policies or other applicable law, all internal office policies are required to be reviewed and if revised, approved as provided in Section 1.07(3)(a) of these Policies. At a minimum, all internal office policies are subject to review and approval every three years.