16.055 Promotions -- Terms and conditions

(1) Promotions to sergeant within the department shall be on the following terms and conditions: (a) The applicant must have served six (6) years of continuous service as a commissioned State Police officer to be eligible for promotion to sergeant; (b) The applicant may be excluded from promotion eligibility by the commissioner for up to thirty-six (36) months on the basis of substantiated misconduct, as set forth in department policy; (c) Promotions shall be based on cumulative scores computed from on personnel performance evaluation, thirty on job simulation examination, and forty-five percent (45) twenty-five percent (25) percent (30) on a written examination on which the applicant achieved at least a minimum score as determined by the commissioner in consultation with the Kentucky State Police Promotional Review Board; (d) The promotional list shall be valid for one (1) year, shall consist of the numerical scores and rankings of each applicant, and promotions shall be made in consecutive order beginning with the highest numerical ranking to fill an interim vacancy. When two (2) or more applicants receive the same numerical score, the order of placement on the list shall be determined by seniority of service. Upon the determination of a new numerical ranking following a new examination, all previous rankings shall be null and void; (e) The written examination shall be prepared and administered by an individual designated by the commissioner. The materials and textbooks will be selected by the commissioner and his or her staff. The commissioner will inform all applicants at least three (3) months prior to the examination date of the exact material from which test questions will be taken and the minimum score required to be eligible for placement on the promotional list; The written test shall be administered to all applicants at the same time

Immediately upon completion of the written test the applicant will receive his or her numerical score. Such numerical score shall remain valid for a period of two (2) years following the date of examination unless the source material upon which the test is based is changed by more than thirty percent (30), provided that the numerical score meets or exceeds the minimum score set in paragraph (e) of this subsection for the current year's promotional list; (f) (g) The job simulation examination shall be evaluated by boards designated by the commissioner consisting of the commissioner or his or her designated appointee not lower than rank of captain, an officer from another police agency of the rank equal to the position for which the applicant is competing, an instructor from an accredited law enforcement education program, a personnel director from private industry, and an officer from the Kentucky State Police of the rank equal to the position for which the applicant is competing; (h) The designated job simulation examination boards will perform all (i) guidelines developed and approved by the evaluations under commissioner; and Personnel evaluations shall be made by the appropriate supervisory personnel procedures established and approved by the commissioner

under (2) Promotions from sergeant to lieutenant within the department shall be on the same terms and conditions as promotions to sergeant. In addition, any applicant for lieutenant must have completed at least one (1) year of continuous service in grade as sergeant

(3) Promotions from lieutenant to captain within the department shall be on the same terms and conditions as promotions to lieutenant. In addition, any applicant for captain must have completed at least one (1) year of continuous service in grade as lieutenant

(4) The department will develop and administer only one (1) test for each of the above ranks. All eligible applicants will be permitted to participate in the promotional process to the next highest position of responsibility wherever a vacancy exists

(5) Officers promoted to rank of sergeant, lieutenant, or captain shall serve a probationary period for one (1) year of continuous service from the effective date of their promotions, and may be reverted to their previous rank with or without cause at any time during this period. If reverted to a previous rank, an individual is ineligible for promotion the next time the promotional process is offered

(6) The provisions of KRS 16.140 to the contrary notwithstanding, all ranks above the grade of captain are temporary and shall not be subject to the provisions for selection and promotion as required herein. All officers in such temporary positions shall serve at the pleasure of the commissioner and shall revert to their previous permanent rank upon the termination of their temporary appointment

(7) The total number of supervisory officers of all classifications shall be limited to a ratio not to exceed one (1) supervisor for every five (5) nonsupervisory officers

(8) 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 other officers as prescribed by this promotional procedure

(9) There shall be no discrimination based on race, sex, age, national origin, color, religion, creed, or political affiliation with respect to the department promotional system. All personnel actions are to be based solely on merit

Effective:April 9, 2019 History: Amended 2019 Ky. Acts ch. 194, sec. 2, effective April 9, 2019. -- Amended 2016 Ky. Acts ch. 6, sec. 1, effective July 15, 2016. -- Amended 2009 Ky. Acts ch. 59, sec. 3, effective June 25, 2009. -- Amended 2007 Ky. Acts ch

85, sec. 58, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 60, sec. 2, effective January 1, 2006. -- Amended 2003 Ky. Acts ch. 133, sec. 1, effective June 24, 2003. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 1. -- Created 1976 Ky. Acts ch. 39, sec. 1

Legislative Research Commission Note (1/1/2006). 2005 Ky. Acts ch. 60, sec. 3, states that the amendments to this statute made in 2005 Ky. Acts ch. 60, sec. 2, "shall only apply to the 2006 Kentucky State Police sworn promotional process and any sworn promotional processes thereafter."