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16.191 Promotions for positions created under KRS 16.187.

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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: <br>(a) Promotions to commercial vehicle enforcement sergeant within the department shall be on the following terms and conditions: <br>1. In order to be eligible for the promotion, the applicant shall have served <br>as a commissioned commercial vehicle enforcement officer for at least <br>six (6) years; 2. Promotions made by the department for this position shall be based upon <br>the applicant's cumulative score computed from twenty-five percent <br>(25%) on personnel performance evaluation, thirty percent (30%) on job <br>simulation examination, and forty-five percent (45%) on a written <br>examination; 3. A promotional list shall be established and shall remain valid for one (1) <br>year. The promotional list shall consist of the numerical scores and <br>rankings of each applicant as provided by subparagraph 2. of this <br>paragraph. Promotions shall be made in consecutive order beginning <br>with the highest numerical ranking to fill an interim vacancy. If two (2) <br>or more applicants receive the same numerical score, the order of <br>placement on the list shall be determined by seniority of service. Upon <br>the determination of a new numerical ranking following a new <br>examination, all previous rankings shall be null and void; 4. The written examination for the applicant's cumulative score shall be <br>prepared and administered by an individual designated by the <br>commissioner. Materials and textbooks for the examination shall be <br>selected by the commissioner and his or her staff. At least three (3) <br>months prior to the examination date, the commissioner shall inform all <br>applicants of the exact material and textbooks from which test questions <br>will be taken. The written examination shall be administered to all <br>applicants at the same time and the applicant shall receive his or her <br>numerical score immediately upon completion of the written <br>examination. An applicant's numerical score shall remain valid for a <br>period of two (2) years following the date of the examination unless the <br>source material used as the basis for the test changes by more than thirty <br>percent (30%); 5. The job simulation examination shall be evaluated by boards designated <br>by the commissioner that shall consist of: <br>a. The commissioner or his or her designee. The designee shall have <br>a rank no lower than commercial vehicle enforcement captain; b. An officer from another police agency of the rank equal to the <br>position for which the applicant is competing; c. An instructor from an accredited law enforcement education <br>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 <br>position for which the applicant is competing; 6. The designated job simulation examination boards shall perform all <br>evaluations under guidelines developed and approved by the <br>commissioner; and 7. Personnel performance evaluations shall be made by the appropriate <br>supervisory personnel under procedures established and approved by the <br>commissioner; (b) Promotions from commercial vehicle enforcement sergeant to commercial vehicle enforcement lieutenant within the department shall be on the same <br>terms and conditions as promotions to sergeant. In addition, any applicant for <br>lieutenant shall have completed at least one (1) year of continuous service in <br>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 <br>and conditions as promotions to lieutenant. In addition, any applicant for <br>captain shall have completed at least one (1) year of continuous service in <br>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 <br>to participate in the promotional process to the next highest position of <br>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 <br>date of their promotions, and may be reverted to their previous rank with or <br>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 <br>promotion as required by this subsection. All officers in such temporary <br>positions shall serve at the pleasure of the commissioner and shall revert to <br>their previous permanent rank upon the termination of their temporary <br>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 <br>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 <br>other officers as prescribed by the promotional procedure established by this <br>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 <br>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 <br>personnel performance evaluation, thirty percent (30%) on job simulation <br>examination, and forty-five percent (45%) on a written examination. If an <br>applicant is not employed by the department, job evaluations from past <br>employers shall substitute for the personnel performance evaluation on a scale <br>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 <br>commissioner; and (e) The commissioner may appoint a hazardous devices supervisor from outside of the department if the applicant meets the minimum requirements for <br>promotion from hazardous devices investigator to hazardous devices <br>supervisor as provided by this subsection. (3) Facilities security officers shall be promoted according to the terms and conditions established by this subsection: <br>(a) Promotions to facilities security sergeant within the department shall be on the following terms and conditions: <br>1. The applicant shall have served as either a facilities security officer for <br>at least two (2) years or possess at least two (2) years of other law <br>enforcement or security services experience; 2. The applicant shall complete and pass a written examination established <br>by the department; 3. When there are multiple applicants for a position, promotions shall be <br>based upon a cumulative score computed from sixty percent (60%) on <br>personnel performance evaluation and forty percent (40%) on a written <br>examination. If an applicant is not employed by the department, job <br>evaluations from past employers shall substitute for the personnel <br>performance evaluation on a scale established by the department's <br>human resources branch; and 4. Personnel performance evaluations shall be made by the appropriate <br>supervisory personnel under procedures established and approved by the <br>commissioner; and (b) Promotions or appointments to facilities security lieutenant within the department shall be on the following terms and conditions: <br>1. The applicant shall have served as either a facilities security officer for <br>at least three (3) years or possess at least three (3) years of other law <br>enforcement or security services experience; Page 4 of 4 2. The applicant shall have at least two (2) years previous supervisory <br>experience in a law enforcement or security services position; 3. The applicant shall complete and pass a written examination established <br>by the department; 4. When there are multiple applicants for a position, promotions shall be <br>based upon a cumulative score computed from sixty percent (60%) on <br>personnel performance evaluation and forty percent (40%) on a written <br>examination. If an applicant is not employed by the department, job <br>evaluations from past employers shall substitute for the personnel <br>performance evaluation on a scale established by the department's <br>human resources branch; and 5. Personnel performance evaluations shall be made by the appropriate <br>supervisory personnel under procedures established and approved by the <br>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 <br>system. All personnel actions are to be based solely on merit. Effective: June 25, 2009 <br>History: Created 2009 Ky. Acts ch. 75, sec. 6, effective June 25, 2009.