The Merit System

By far, the greatest number of state employees in the Executive Branch work in the classified service, also frequently referred to as the "merit system." Positions not under the merit system generally include the staffs of the governor and lieutenant governor, policy-making managers, and interim employees (see KRS 18A.115).

The merit system emphasizes making personnel decisions (hiring, promoting, assigning work, and other matters) based on an individual’s qualifications and performance. The merit system also protects state employee against arbitrary actions and discriminatory practices. For example, as discussed below, any disciplinary actions brought against a merit employee with status must provide specific written notice of the reasons for the action and provide a right of appeal to a neutral decision-maker, such as the Personnel Board.

Merit system employees serve a probationary period when they begin working for the state. Usually, the probationary period lasts six months, but may be as long as twelve months depending on the classification. When the probationary period is over, employees gain merit system "status," which gives employees certain additional rights and privileges.

The Personnel Cabinet and the Personnel Board administer and enforce the merit system. The merit system is codified in Chapter 18A of the Kentucky Revised Statutes, and in various administrative regulations Additionally, KRS Chapter 16 and Title 502 of the Kentucky Administrative Regulations govern sworn officers in the Kentucky State Police. Certified and equivalent employees of the former workforce Development Cabinet, now part of the Education Cabinet, are governed by KRS Chapter 151B and 780 KAR Chapter 3.