History: L. 1915, ch. 156, § 2; L. 1921, ch. 274, § 1; R.S. 1923, 75-2901; Repealed, L. 1941, ch. 358, § 38; June 1.
History: L. 1915, ch. 156, §§ 3 to 18; R.S. 1923, 75-2902 to 75-2917; Repealed, L. 1941, ch. 358, § 38; June 1.
History: L. 1915, ch. 156, §§ 22 to 27; R.S. 1923, 75-2918 to 75-2923; Repealed, L. 1941, ch. 358, § 38; June 1.
History: R.S. 1923, 75-2924; Repealed, L. 1941, ch. 358, § 38; June 1.
History: L. 1941, ch. 358, § 1; L. 1978, ch. 332, § 1; L. 1995, ch. 213, § 2; Dec. 17.
(a) "Board" means the state civil service board.
(b) "Director" means the director of personnel services.
(c) "Eligible" includes a person who is in an employment pool and qualified for appointment, promotion or reemployment under this act.
(d) "Employees of courts" includes all officers and employees appointed by or pursuant to the recommendation of a court, or any members thereof and all officers and employees appointed or employed by any such appointee.
(e) "Joint recruiting authority" means that both an agency and the division of personnel services may officially recruit candidates for classified positions.
(f) "Merit principles" mean relative knowledge, skill and ability.
(g) "Nonmerit reason" means any reason specifically based on: (1) Race, national origin or ancestry, religion or political affiliation; (2) sex or age where sex or age does not constitute a bona fide occupational qualification necessary to proper and efficient administration; or (3) disabilities which are qualified disabilities under the Americans with Disabilities Act of 1990, Pub.L. 101-36, and amendments thereto, and which do not prevent the individual from performing the position's essential functions, with or without reasonable accommodation.
History: L. 1941, ch. 358, § 2; L. 1953, ch. 375, § 50; L. 1972, ch. 332, § 56; L. 1978, ch. 332, § 2; L. 1995, ch. 213, § 3; Dec. 17.
History: L. 1941, ch. 358, § 3; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1941, ch. 358, § 4; Repealed, L. 1972, ch. 332, § 97; July 1.
History: L. 1972, ch. 332, §§ 11, 12; Repealed, L. 1978, ch. 332, § 57; July 1.
History: L. 1972, ch. 332, § 13; L. 1974, ch. 348, § 90; Repealed, L. 1978, ch. 332, § 57; July 1.
History: L. 1972, ch. 332, § 14; Repealed, L. 1978, ch. 332, § 57; July 1.
History: L. 1941, ch. 358, § 5; L. 1953, ch. 375, § 51; L. 1972, ch. 332, § 57; Repealed, L. 1978, ch. 332, § 57; July 1.
(b) Members shall be in sympathy with the application of merit principles to public employment. Not more than three members of the board shall be of the same political party. Except as otherwise provided in this section, no member of the board may hold any other public office or public employment, except military office or the office of notary public. Subject to the provisions of K.S.A. 75-4315c, and amendments thereto, one member shall be appointed from each congressional district and the remainder shall represent the state at large. Subsequent redistricting of congressional districts shall not disqualify any member of the board who is serving at the time of redistricting from being reappointed as a member of the board.
(c) Except as provided by subsection (d), upon the expiration of the term of any member, a successor shall be appointed as provided in subsection (a), and shall hold office for a term of four years and until a successor is appointed and confirmed. All vacancies in the board shall be filled by appointment for the unexpired term in the case of vacancies occurring before the end of a term.
(d) The terms of members who are serving on the board on the effective date of this act shall expire on March 15, of the year in which such member's term would have expired under the provisions of this section prior to amendment by this act. Thereafter, members shall be appointed for terms of four years and until their successors are appointed and confirmed.
History: L. 1978, ch. 332, § 3; L. 1982, ch. 347, § 54; L. 1985, ch. 275, § 1; L. 1992, ch. 262, § 16; L. 1995, ch. 241, § 21; July 1.
(b) The board shall organize annually by electing one of its members as chairperson and one as vice-chairperson. The board shall meet regularly at least once each calendar quarter and special meetings may be called by the chairperson or by a majority of the board. A quorum of the board shall consist of three members. No action may be taken by the board without the affirmative vote of at least three members. In the holding of hearings of appeals by employees or appointing authorities pursuant to the Kansas civil service act, the board may delegate to one or more of its members the authority to serve as a hearing examiner for such a hearing, but action upon any such appeal shall require the concurrence of at least three members of the board.
(c) Meetings of the board shall be open to the public and no meeting or hearing of the board shall be held unless at least three members of the board are present. The director of personnel services shall act as secretary of the board or may designate a person to serve as the secretary of the board. The board shall keep records and minutes of its business and official actions, and such records and minutes shall be public records open to public inspection, subject to rules and regulations specifying the hours and conditions of inspection.
(d) Each member of the state civil service board attending meetings of such board, attending a subcommittee meeting thereof authorized by such board, or serving as hearing examiner at a hearing under the Kansas civil service act shall be paid per diem compensation of $70 and shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto. In addition, each member, who resides more than 100 miles from the location of an authorized meeting or hearing, shall receive per diem compensation of $35 for each day in travel to or from such meeting or hearing if such travel is on a day other than the day or days of such meeting or hearing.
History: L. 1978, ch. 332, § 4; L. 1985, ch. 275, § 2; L. 1992, ch. 191, § 1; July 1.
(b) On and after the effective date of this act, the state civil service board created by this act shall be the successor in every way to the powers, duties and functions of the state civil service commission in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed under the authority of the state civil service board created by this act shall be deemed to have the same force and effect as if performed by the state civil service commission in which such functions were vested prior to the effective date of this act.
(c) On and after the effective date of this act, whenever the state civil service commission, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the state civil service board created by this act.
(d) On and after the effective date of this act, all orders of the state civil service commission in effect on the effective date of this act shall continue to be effective and shall be deemed to be the duly issued orders of the state civil service board created by this act, until revised, amended, revoked or nullified pursuant to law.
History: L. 1978, ch. 332, § 5; July 1.
(b) When an appeal is taken to the board, the board shall establish a time and a place for the hearing which shall be held within 45 days after receipt of request for the appeal. The board shall notify the person bringing the appeal and the appointing authority or other person whose action is being reviewed of the time and the place of the hearing at least 14 days prior to such hearing. Each party at the hearing shall have the right to be represented by a person of the party's own choice. Hearings shall be conducted in accordance with the provisions of the Kansas administrative procedure act. For purposes of the administrative procedure act, the state civil service board shall be deemed the agency head. The board may affirm, modify or reverse an agency action and order any other action it deems appropriate.
(c) The board, or the director of personnel services when authorized by majority vote of the board, may depose witnesses. Either party to a hearing may depose witnesses in accordance with the Kansas administrative procedure act. If books and papers are required to be produced in advance of a hearing date, the person or agency producing the books and papers shall be entitled to receive reasonable compensation to recover all costs of such production from the person or agency for which they are produced. The board, any presiding officer or the director may examine such public records as may be required in relation to any matter which the board has authority to investigate.
(d) Each person not in the classified or unclassified service who appears before the board or the director by order shall receive for such person's attendance the fees and mileage provided for witnesses in civil actions in the district court. Such fees and mileage shall be audited and paid by the state upon presentation of proper vouchers. Each witness subpoenaed at the request of parties other than the board or the director shall be entitled to compensation from the state for attendance or travel only if the board certifies that the testimony of such witness was relevant and material to the matter investigated or, if such witness is not called to testify, the board determines and certifies that such compensation should be paid.
History: L. 1978, ch. 332, § 21; L. 1981, ch. 334, § 1; L. 1985, ch. 276, § 1; L. 1988, ch. 356, § 300; L. 1989, ch. 283, § 20; L. 2000, ch. 152, § 26; July 1.
History: L. 1978, ch. 332, §§ 22, 23; Repealed, L. 1988, ch. 356, § 361; July 1, 1989.
History: L. 1978, ch. 332, § 24; L. 1985, ch. 276, § 2; July 1.
History: L. 1984, ch. 338, § 28; July 1.
History: L. 1941, ch. 358, §§ 6, 7; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1941, ch. 358, § 8; Repealed, L. 1978, ch. 332, § 57; July 1.
History: L. 1941, ch. 358, § 9; L. 1951, ch. 451, § 1; Repealed, L. 1953, ch. 375, § 95; July 1.
History: L. 1941, ch. 358, § 10; L. 1943, ch. 273, § 1; L. 1951, ch. 451, § 2; L. 1975, ch. 462, § 116; L. 1978, ch. 332, § 6; Repealed, L. 1981, ch. 335, § 7; July 1.
History: L. 1951, ch. 451, §§ 7, 8; Repealed, L. 1953, ch. 375, § 95; July 1.
(1) The unclassified service comprises positions held by state officers or employees who are:
(a) Chosen by election or appointment to fill an elective office;
(b) members of boards and commissions, heads of departments required by law to be appointed by the governor or by other elective officers, and the executive or administrative heads of offices, departments, divisions and institutions specifically established by law;
(c) except as otherwise provided under this section, one personal secretary to each elective officer of this state, and in addition thereto, 10 deputies, clerks or employees designated by such elective officer;
(d) all employees in the office of the governor;
(e) officers and employees of the senate and house of representatives of the legislature and of the legislative coordinating council and all officers and employees of the office of revisor of statutes, of the legislative research department, of the division of legislative administrative services, of the division of post audit and the legislative counsel;
(f) chancellor, president, deans, administrative officers, student health service physicians, pharmacists, teaching and research personnel, health care employees and student employees in the institutions under the state board of regents, the executive officer of the board of regents and the executive officer's employees other than clerical employees, and, at the discretion of the state board of regents, directors or administrative officers of departments and divisions of the institution and county extension agents, except that this subsection (1)(f) shall not be construed to include the custodial, clerical or maintenance employees, or any employees performing duties in connection with the business operations of any such institution, except administrative officers and directors; as used in this subsection (1)(f), "health care employees" means employees of the university of Kansas medical center who provide health care services at the university of Kansas medical center and who are medical technicians or technologists or respiratory therapists, who are licensed professional nurses or licensed practical nurses, or who are in job classes which are designated for this purpose by the chancellor of the university of Kansas upon a finding by the chancellor that such designation is required for the university of Kansas medical center to recruit or retain personnel for positions in the designated job classes; and employees of any institution under the state board of regents who are medical technologists;
(g) operations, maintenance and security personnel employed to implement agreements entered into by the adjutant general and the federal national guard bureau, and officers and enlisted persons in the national guard and the naval militia;
(h) persons engaged in public work for the state but employed by contractors when the performance of such contract is authorized by the legislature or other competent authority;
(i) persons temporarily employed or designated by the legislature or by a legislative committee or commission or other competent authority to make or conduct a special inquiry, investigation, examination or installation;
(j) officers and employees in the office of the attorney general and special counsel to state departments appointed by the attorney general, except that officers and employees of the division of the Kansas bureau of investigation shall be in the classified or unclassified service as provided in K.S.A. 75-711, and amendments thereto;
(k) all employees of courts;
(l) client, patient and inmate help in any state facility or institution;
(m) all attorneys for boards, commissions and departments;
(n) the secretary and assistant secretary of the Kansas state historical society;
(o) physician specialists, dentists, dental hygienists, pharmacists, medical technologists and long term care workers employed by the department of social and rehabilitation services;
(p) physician specialists, dentists and medical technologists employed by any board, commission or department or by any institution under the jurisdiction thereof;
(q) student employees enrolled in public institutions of higher learning;
(r) administrative officers, directors and teaching personnel of the state board of education and the state department of education and of any institution under the supervision and control of the state board of education, except that this subsection (1)(r) shall not be construed to include the custodial, clerical or maintenance employees, or any employees performing duties in connection with the business operations of any such institution, except administrative officers and directors;
(s) all officers and employees in the office of the secretary of state;
(t) one personal secretary and one special assistant to the following: The secretary of administration, the secretary of aging, the secretary of agriculture, the secretary of commerce, the secretary of corrections, the secretary of health and environment, the superintendent of the Kansas highway patrol, the secretary of labor, the secretary of revenue, the secretary of social and rehabilitation services, the secretary of transportation, the secretary of wildlife and parks and the commissioner of juvenile justice;
(u) one personal secretary and one special assistant to the chancellor and presidents of institutions under the state board of regents;
(v) one personal secretary and one special assistant to the executive vice chancellor of the university of Kansas medical center;
(w) one public information officer and one chief attorney for the following: The department of administration, the department on aging, the department of agriculture, the department of commerce, the department of corrections, the department of health and environment, the department of labor, the department of revenue, the department of social and rehabilitation services, the department of transportation, the Kansas department of wildlife and parks and the commissioner of juvenile justice;
(x) civil service examination monitors;
(y) one executive director, one general counsel and one director of public affairs and consumer protection in the office of the state corporation commission;
(z) specifically designated by law as being in the unclassified service;
(aa) all officers and employees of Kansas, Inc. and the Kansas technology enterprise corporation;
(bb) any position that is classified as a position in the information resource manager job class series, that is the chief position responsible for all information resources management for a state agency, and that becomes vacant on or after the effective date of this act. Nothing in this section shall affect the classified status of any employee in the classified service who is employed on the date immediately preceding the effective date of this act in any position that is a classified position in the information resource manager job class series and the unclassified status as prescribed by this subsection shall apply only to a person appointed to any such position on or after the effective date of this act that is the chief position responsible for all information resources management for a state agency; and
(cc) positions at state institutions of higher education that have been converted to unclassified positions pursuant to K.S.A. 2007 Supp. 76-715a and amendments thereto.
(2) The classified service comprises all positions now existing or hereafter created which are not included in the unclassified service. Appointments in the classified service shall be made according to merit and fitness from eligible pools which so far as practicable shall be competitive. No person shall be appointed, promoted, reduced or discharged as an officer, clerk, employee or laborer in the classified service in any manner or by any means other than those prescribed in the Kansas civil service act and the rules adopted in accordance therewith.
(3) For positions involving unskilled, or semiskilled duties, the secretary of administration, as provided by law, shall establish rules and regulations concerning certifications, appointments, layoffs and reemployment which may be different from the rules and regulations established concerning these processes for other positions in the classified service.
(4) Officers authorized by law to make appointments to positions in the unclassified service, and appointing officers of departments or institutions whose employees are exempt from the provisions of the Kansas civil service act because of the constitutional status of such departments or institutions shall be permitted to make appointments from appropriate pools of eligibles maintained by the division of personnel services.
History: L. 1941, ch. 358, § 11; L. 1957, ch. 445, § 1; L. 1963, ch. 424, § 1; L. 1963, ch. 400, § 3; L. 1965, ch. 464, § 1; L. 1969, ch. 399, § 1; L. 1971, ch. 272, § 1; L. 1972, ch. 318, § 1; L. 1974, ch. 383, § 1; L. 1976, ch. 377, § 1; L. 1976, ch. 378, § 1; L. 1978, ch. 332, § 7; L. 1982, ch. 225, § 5; L. 1985, ch. 256, § 15; L. 1987, ch. 347, § 1; L. 1989, ch. 266, § 2; L. 1989, ch. 233, § 2; L. 1990, ch. 305, § 1; L. 1992, ch. 293, § 1; L. 1994, ch. 293, § 28; L. 1995, ch. 236, § 15; L. 1995, ch. 255, § 12; L. 1997, ch. 156, § 88; L. 1998, ch. 187, § 14; L. 1999, ch. 149, § 10; L. 2003, ch. 154, § 90; L. 2004, ch. 179, § 116; L. 2005, ch. 94, § 3; July 1.
(b) All positions in the classified exempt service in the Kansas veterans' commission, the state library (except the position of state librarian), the Kansas bureau of investigation (except the position of narcotics violation investigator) and the state historical society (except the position of secretary of the state historical society) shall become classified July 1, 1978. Except as provided in subsection (c), a person employed in a classified exempt position in the Kansas veterans' commission, the state library, the Kansas bureau of investigation (except the position of narcotics violation investigator) or the state historical society (except the position of secretary of the state historical society) immediately prior to July 1, 1978, shall continue in such position, when the position becomes a classified position on July 1, 1978, shall obtain permanent status in such position without examination and without a probationary period and shall retain all retirement benefits which such person had prior to July 1, 1978, and such person's service shall be deemed to have been continuous. The position of secretary of the state historical society, the position of state librarian and the position of undercover narcotics investigator of the Kansas bureau of investigation shall become unclassified July 1, 1978.
(c) A person employed in a classified position in the state historical society (except the position of assistant secretary) immediately prior to the effective date of this act shall continue in such position on and after such date. The position of assistant secretary of the state historical society shall become unclassified on the effective date of this act.
History: L. 1949, ch. 423, § 1; L. 1972, ch. 332, § 58; L. 1978, ch. 332, § 8; L. 1989, ch. 266, § 3; March 16.
History: L. 1963, ch. 434, § 1; L. 1972, ch. 332, § 59; L. 1978, ch. 332, § 9; L. 1982, ch. 319, § 15; L. 1995, ch. 255, § 13; L. 1997, ch. 156, § 89; July 1.
History: L. 1981, ch. 30, § 2; May 22.
History: L. 1941, ch. 358, § 11; L. 1957, ch. 445, § 1; L. 1963, ch. 424, § 1; L. 1963, ch. 400, § 3; L. 1965, ch. 464, § 1; L. 1969, ch. 399, § 1; L. 1971, ch. 272, § 1; L. 1972, ch. 318, § 1; L. 1974, ch. 383, § 1; L. 1976, ch. 377, § 1; L. 1976, ch. 378, § 1; L. 1978, ch. 332, § 7; L. 1982, ch. 225, § 5; L. 1985, ch. 256, § 15; L. 1987, ch. 347, § 1; L. 1989, ch. 265, § 1; Repealed, L. 1990, ch. 305, § 3; March 22.
History: L. 1941, ch. 358, § 11; L. 1957, ch. 445, § 1; L. 1963, ch. 424, § 1; L. 1963, ch. 400, § 3; L. 1965, ch. 464, § 1; L. 1969, ch. 399, § 1; L. 1971, ch. 272, § 1; L. 1972, ch. 318, § 1; L. 1974, ch. 383, § 1; L. 1976, ch. 377, § 1; L. 1976, ch. 378, § 1; L. 1978, ch. 332, § 7; L. 1982, ch. 225, § 5; L. 1985, ch. 256, § 15; L. 1987, ch. 347, § 1; L. 1989, ch. 266, § 2; L. 1989, ch. 233, § 2; L. 1990, ch. 305, § 1; L. 1992, ch. 293, § 1; L. 1994, ch. 293, § 28; L. 1995, ch. 234, § 22; Repealed, L. 1996, ch. 243, § 1; July 1.
History: L. 1941, ch. 358, § 11; L. 1957, ch. 445, § 1; L. 1963, ch. 424, § 1; L. 1963, ch. 400, § 3; L. 1965, ch. 464, § 1; L. 1969, ch. 399, § 1; L. 1971, ch. 272, § 1; L. 1972, ch. 318, § 1; L. 1974, ch. 383, § 1; L. 1976, ch. 377, § 1; L. 1976, ch. 378, § 1; L. 1978, ch. 332, § 7; L. 1982, ch. 225, § 5; L. 1985, ch. 256, § 15; L. 1987, ch. 347, § 1; L. 1989, ch. 266, § 2; L. 1989, ch. 233, § 2; L. 1990, ch. 305, § 1; L. 1992, ch. 293, § 1; L. 1994, ch. 293, § 28; L. 1995, ch. 236, § 15; L. 1995, ch. 255, § 12; L. 1997, ch. 156, § 88; L. 1998, ch. 182, § 20; Repealed, L. 1999, ch. 149, § 14; July 1.
History: L. 1941, ch. 358, §§ 12, 13; Repealed, L. 1972, ch. 332, § 97; July 1.
(b) The director of personnel services shall recommend to the governor the assignment, and from time to time the reassignment, of each class to a specified range approved or modified and approved as modified by the governor, the same shall become effective on a date or dates specified by the governor. In adopting or revising any plans, the governor shall give consideration to pertinent rates in other public and private employment in the appropriate labor markets, and for this purpose the director shall have made periodic wage and salary surveys with one survey to be conducted each year. The results of such survey and recommendations for revisions in the pay plan are to be forwarded to the governor, the secretary of administration, the director of the budget and the legislature. The recommendations shall give consideration and weight to survey results, to changes in the cost-of-living and to proper internal alignment of the various job classes. The director may use the results of other appropriate surveys conducted by public or private agencies in lieu of or in addition to surveys authorized to be conducted under this subsection.
(c) The secretary of administration may delegate the authority to assign positions in the classified service to a class according to the duties and responsibilities thereof to the appointing authority. Such delegation shall specify the particular classes, ranges, and schedules authorized. Appointing authorities delegated such assigning authority shall make monthly reports of assigning transactions to the director of personnel services. Any delegation of such authority is subject to review by the secretary of administration who may modify any delegation made in order to ensure consistency with the state classification plan and may withdraw the delegated authority from the appointing authority upon evidence of improper use of such authority by the appointing authority. The decision of the secretary of administration in regard to the withdrawal of such delegated authority shall be final.
(d) After consultation with the director of the budget and the secretary of administration, the director of personnel services shall prepare a pay plan which shall contain a schedule of salary and wage ranges and steps, and from time to time changes therein. When such pay plan or any change therein is approved or modified and approved as modified by the governor, the same shall become effective on a date or dates specified by the governor and any such modification, change of date shall be in accordance with any enactments of the legislature applicable thereto.
(e) The classes and pay plan for the classified service as approved by the governor shall be used by the director of the budget in preparation of the budget.
(f) Whenever any appropriation or other act specifies any pay plan or any change, limitation or condition upon the pay plan, personnel or policies of the state or any state agency, such appropriation act or other act shall control the provisions of this section to the extent of their application thereto.
History: L. 1941, ch. 358, § 14; L. 1953, ch. 375, § 52; L. 1972, ch. 332, § 60; L. 1975, ch. 438, § 1; L. 1978, ch. 332, § 10; L. 1995, ch. 213, § 4; Dec. 17.
History: L. 1994, ch. 352, § 2; May 19.
(b) Qualified persons with disabilities shall be reasonably accommodated in the selection process.
(c) The director may require candidates in filing their applications to submit certificates of general or special qualifications as the good of the service may require.
(d) All criteria used as the basis for certifying candidates as eligible for a vacancy from among persons meeting minimum qualifications shall relate to those matters which fairly represent the capacity and fitness of the candidates to efficiently discharge the duties of the position and shall be subject to review and approval of the director.
(e) In order to determine whether candidates meet the requirements for a position as established under subsection (a), (c) or (d), candidates may be required to undergo assessments of skills, knowledge and abilities as necessary to determine the fitness of the candidates to perform the duties of the position. Such assessments may be developed and administered by the director or shall be subject to the review and approval by the director. Such assessments shall be held at such times and places as most nearly meet the convenience of candidates, practicability of administration, and the needs of the service. Specific agreements between the agency and the division of personnel services will be established regarding the security and processing of assessment instruments.
(f) Agency selection programs will be subject to periodic audit by the division of personnel services with a report to be made to the secretary of administration.
History: L. 1941, ch. 358, § 15; L. 1943, ch. 273, § 2; L. 1959, ch. 335, § 1; L. 1969, ch. 400, § 1; L. 1976, ch. 379, § 1; L. 1978, ch. 332, § 11; L. 1995, ch. 213, § 5; Dec. 17.
(1) Is found to lack any of the preliminary requirements established for the position for which the candidate applies;
(2) is, due to a qualifying disability, unable to perform the essential functions of the position with reasonable accommodation;
(3) uses illegal narcotics or other drugs which may affect job performance or whose use of alcohol will adversely affect job performance or conduct to the extent that the candidate is not qualified;
(4) has been convicted of, granted deferred prosecution for, or pleaded nolo contendere to any violations which relate to fitness to perform required duties or any crime involving moral turpitude;
(5) has been dismissed from the public service for delinquency or misconduct;
(6) has made a false statement of any material fact;
(7) gives, renders or pays directly or indirectly any money, service or other valuable thing to any person for, or on account of, or in connection with the application, selection or appointment process;
(8) has practiced, or attempted to practice, any deception or fraud in the application, selection or appointment process; or
(9) is affiliated with a political movement advocating overthrow of government by force or violence.
(b) Whenever the director refuses to certify a candidate as eligible, or removes from consideration a candidate who has registered for employment with the state, as provided in this section, the director shall furnish to the candidate a statement of the reasons for such refusal to certify, or removal from consideration as the case may be. In the case of any such refusal or removal an appeal may be taken to the board in accordance with rules and regulations adopted as provided in K.S.A. 75-3706, and amendments thereto.
History: L. 1941, ch. 358, § 16; L. 1967, ch. 434, § 60; L. 1971, ch. 273, § 1; L. 1978, ch. 332, § 12; L. 1985, ch. 276, § 3; L. 1995, ch. 213, § 6; Dec. 17.
History: L. 1941, ch. 358, § 17; June 1.
(b) A statewide list of requisitions to fill vacant positions shall be maintained by the division of personnel services.
(c) No person shall be appointed or employed under any class not appropriate to the duties performed, and no person shall be transferred to, nor assigned to perform the duties of, any position in the classified service, unless such person is qualified therefor under the provisions of this act.
(d) During the period of a national emergency, so proclaimed by the president of the United States, the director of personnel services, with the approval of the secretary of administration, may certify persons not so previously qualified to temporarily fill positions in the classified service in any agency, but no such temporary appointment shall continue after a qualified person is eligible for certification or after such national emergency ends, whichever period of time is the shorter.
History: L. 1941, ch. 358, § 18; L. 1943, ch. 273, § 3; L. 1945, ch. 321, § 1; L. 1951, ch. 451, § 3; L. 1967, ch. 448, § 1; L. 1972, ch. 332, § 61; L. 1978, ch. 332, § 13; L. 1985, ch. 276, § 4; L. 1995, ch. 213, § 7; Dec. 17.
(b) The secretary of administration, upon recommendation of the director of personnel services, shall establish procedures and standards for the certification of names of eligible persons for vacant positions.
(c) The appointing authority shall appoint on probation, with sole reference to merit and fitness, one of the candidates whose name is certified in the manner provided by subsection (b) to fill such vacancy. The provisions of this section shall not apply when the office or employment is among those which are described in K.S.A. 75-2945 and amendments thereto.
(d) After consultation with appointing authorities and other supervising officials, the director shall establish, and from time to time amend, a system of performance ratings which shall provide for general categories of performance levels and such other criteria as the director may prescribe for each class of positions in the classified service or for groups of classes. In accordance with K.S.A. 75-3706 and amendments thereto, the secretary of administration shall adopt rules and regulations in respect to such performance ratings, and such performance ratings shall be considered in determining the advisability of transfers, the promotion of an employee to a higher class, questions of reduction or dismissal of any employee, increases and decreases in salary of an employee within the salary range established under this act, and in all other decisions relating to the status of employees. In accordance with K.S.A. 75-3706 and amendments thereto, the secretary of administration shall adopt rules and regulations prescribing the extent to which such ratings and the reports upon which they are based shall be open to public inspection by the public and by the affected employees.
History: L. 1941, ch. 358, § 19; L. 1951, ch. 451, § 4; L. 1971, ch. 274, § 1; L. 1972, ch. 332, § 62; L. 1978, ch. 332, § 14; L. 1985, ch. 277, § 1; L. 1994, ch. 185, § 1; L. 1995, ch. 213, § 8; Dec. 17.
(b) An employee in the classified service with permanent status who is promoted with probationary status to a higher position, who is dismissed or could be dismissed for cause other than misconduct or delinquency on the employee's part from the position to which the employee was promoted, either during the probationary period or at the conclusion thereof by reason of the failure of the appointing authority to file a request for the employee's continuance in the position, shall be demoted with permanent status to a position in the class from which the employee was promoted, or to a position in another class in the same salary range as the class from which the employee was promoted, or in a class in the next lower salary range. If the employee was promoted from one agency to another agency, the demotion shall be to a position in the agency to which the employee was promoted, unless the agency from which the employee was promoted agrees to the demotion of the employee in that agency. If the employee was dismissed for misconduct or delinquency from the position to which the employee was promoted, and for that reason is not entitled to be demoted to a lower position, the employee shall have a right to appeal the dismissal to the state civil service board. If an employee who is dismissed and who is entitled to demotion pursuant to this subsection, is not given the opportunity to be demoted, the employee shall have a right to appeal the dismissal to the state civil service board. The secretary of administration may prescribe by rules and regulations conditions under which a break in service between separation from one agency and promotion to a position in that agency or another agency renders inapplicable the right of demotion to a lower position as provided in this subsection.
History: L. 1941, ch. 358, § 20; L. 1951, ch. 451, § 5; L. 1967, ch. 448, § 2; L. 1972, ch. 332, § 63; L. 1978, ch. 345, § 9; L. 1981, ch. 335, § 3; L. 1995, ch. 213, § 9; Dec. 17.
(a) Where the services to be performed will require less than 1,000 hours of work within a twelve-month period, the director may authorize an agency to make a temporary appointment of a person who meets the qualifications for the position. The director may establish procedures for making temporary appointments. A person may have more than one temporary appointment in an agency within a twelve-month period, if the person works on such appointments for less than 1,000 hours within the twelve-month period. The period of temporary service shall not be counted as a part of the probationary period in case of subsequent appointment to a regular position.
(b) Appointments may be made without using a certified pool of eligible candidates to trainee or training positions approved by the director for job classes designed to provide job experience to persons pursuing a related degree, certificate or similar credential or job classes for which the state provides formal training programs in the work to be performed.
History: L. 1941, ch. 358, § 21; L. 1967, ch. 448, § 3; L. 1972, ch. 332, § 64; L. 1978, ch. 332, § 15; L. 1981, ch. 335, § 4; L. 1985, ch. 276, § 5; L. 1995, ch. 213, § 10; Dec. 17.
History: L. 1941, ch. 358, § 22; L. 1981, ch. 335, § 5; July 1.
(b) Any person holding a regular position in the classified service of this state may be granted a leave of absence on the grounds of sickness, disability or other good or sufficient reason. No leave shall exceed one year, except as necessary to comply with other laws and as approved by the secretary of administration.
(c) Leave of absence may be granted to an officer or employee holding a regular position in the classified service to enable such person to take an appointive position in the state unclassified service.
History: L. 1941, ch. 358, § 23; L. 1995, ch. 213, § 11; Dec. 17.
The type of appointment, length of service and performance evaluations of employees shall be considered, in such manner as the rules and regulations shall provide, among the factors in determining the order of layoffs.
(b) The appointing authority shall give written notice to the director with a copy to the affected employee or employees of every proposed layoff and the reason therefor at least 30 calendar days before the effective date thereof, and the director shall make such orders relating thereto as the director considers necessary to secure compliance with the rules and regulations. Every permanent employee so laid off shall be placed in the appropriate reemployment pool, and the secretary of administration shall adopt rules and regulations pursuant to K.S.A. 75-3706 and amendments thereto detailing what preference is to be given persons in the reemployment pool, including assistance relating to job search and placement, skill identification and employment counselling.
History: L. 1941, ch. 358, § 24; L. 1945, ch. 321, § 2; L. 1971, ch. 273, § 2; L. 1978, ch. 332, § 16; L. 1981, ch. 335, § 6; L. 1995, ch. 213, § 12; Dec. 17.
(b) Prior to dismissal, demotion or suspension of a permanent employee in the classified service, the appointing authority shall furnish the employee by certified mail to the employee's last known address, return receipt requested, or by personal delivery, a statement in writing specifically setting forth the reasons and factual basis therefor. A copy of such statement shall be furnished immediately to the director. This statement shall contain notice of the proposed dismissal, demotion or suspension and shall specify the proposed effective date thereof. Except as otherwise provided in the Kansas civil service act, a proposed suspension, demotion or dismissal shall become effective no less than three calendar days nor more than 14 calendar days following the date the notice of such proposed suspension, demotion or dismissal is personally delivered to the employee or deposited with the post office as certified mail. If in the opinion of the appointing authority conditions warrant, the appointing authority may relieve the employee of duties or change the duties of the employee during such period. If the employee is relieved from duty during such period, the employee may be continued in pay status, or placed on leave of absence without pay by the appointing authority. In the statement proposing suspension, demotion or dismissal, the appointing authority shall offer the employee who is proposed to be suspended, demoted or dismissed an opportunity to reply in writing, or appear in person, or both, before the appointing authority or a designated representative of the appointing authority, on the issue of the proposed suspension, demotion or dismissal prior to the time such suspension, demotion or dismissal is specified by the notice to become effective. The statement shall specify the date, time and place by, or at which, the employee may reply in writing or appear, or both. If the employee chooses to appear in person on the issue of the proposed action, the employee may be represented by a person of the employee's choice.
(c) Upon request by the employee, or upon the initiative of the appointing authority, the appointing authority may extend the time for reply or appearance, or both, if the circumstances warrant. Notice of any such extension shall be furnished to the employee and to the director of personnel services. The proposed suspension, demotion or dismissal shall not become effective until after the extended period has expired.
(d) Following the employee's response to the opportunity to reply to the proposed action, or upon expiration of the time for such reply, if no reply is made, the appointing authority, or the designee of the appointing authority, shall notify the employee of the final decision on the proposed action. Such notice shall be in writing and shall be sent by certified mail to the employee's last known address or personally delivered to the employee on or before the effective date of the proposed action. A copy of the notice shall be furnished immediately to the director of personnel services. This final notice of decision by the appointing authority or the designee of the appointing authority, to suspend, demote or dismiss the employee shall inform the employee of the employee's right to appeal the decision to the state civil service board within 30 calendar days after the effective date of the action.
(e) At any time prior to the effective date of the proposed suspension, demotion or dismissal or, if an appeal is taken to the state civil service board, at any time prior to the final decision of the board, the appointing authority, or the designee of the appointing authority, may withdraw or modify the action proposed to be taken or taken against the employee. Notice of any such withdrawal or modification shall be given in writing to the employee by certified mail to the employee's last known address or by personal delivery. A copy of the notice shall be furnished immediately to the director of personnel services.
(f) Any permanent employee finally dismissed, demoted or suspended, may request a hearing from the state civil service board to determine the reasonableness of such action. Each such request for a hearing shall be in writing and shall be filed in the office of the director of personnel services within 30 calendar days after the effective date of the dismissal, demotion or suspension. Additional days shall not be added to the thirty-day period in which an appeal may be filed if the notice of the effective date of the dismissal, demotion or suspension is mailed to the employee. The board shall grant the employee a hearing in accordance with the provisions of the Kansas administrative procedure act within 45 calendar days after receipt of such request. At the hearing the burden of proof shall be upon the employee to establish that the appointing authority did not act reasonably in taking such action.
(g) No employee shall be disciplined or discriminated against in any way because of the employee's proper use of the appeal procedure.
(h) A permanent employee who is demoted pursuant to this section need not meet the qualifications for the class of positions to which demoted if the appointing authority determines that the employee can reasonably be expected to perform satisfactorily the duties of the position to which the employee is demoted. A permanent employee who is demoted pursuant to this section shall have permanent status in the class to which demotion is made, effective on the date of the demotion.
(i) In case of a situation in which the possibility of proposing dismissal, suspension or demotion of a permanent employee is indicated, but where the appointing authority needs time to conduct an investigation before proposing such action, or in a situation where immediate removal of an employee from such employee's job is needed to avoid disruption of work, or for the protection of persons or property, or for a similar reason, the appointing authority may relieve the employee of duties or change the duties of the employee for a limited period and keep the employee in pay status. The secretary of administration shall provide by rules and regulations, adopted pursuant to K.S.A. 75-3706, and amendments thereto, procedures to be followed in such cases.
History: L. 1941, ch. 358, § 25; L. 1971, ch. 273, § 3; L. 1972, ch. 332, § 65; L. 1977, ch. 293, § 1; L. 1978, ch. 332, § 17; L. 1981, ch. 334, § 2; L. 1985, ch. 276, § 6; L. 1988, ch. 356, § 301; L. 2000, ch. 152, § 27; July 1.
History: L. 1978, ch. 332, §§ 18 to 20; Repealed, L. 1981, ch. 334, § 6; July 1.
(b) This section and K.S.A. 75-2949e and 75-2949f shall be part of and supplemental to the Kansas civil service act.
History: L. 1981, ch. 334, § 3; July 1.
(1) Inefficiency or incompetency in the performance of duties, or inability to perform the duties;
(2) negligence in the performance of duties;
(3) careless, negligent or improper use of state property;
(4) failure to maintain satisfactory and harmonious relationships with the public and fellow employees;
(5) habitual or flagrantly improper use of leave privileges;
(6) a habitual pattern of failure to report for duty at the assigned time and place or to remain on duty; and
(7) failure to obtain or maintain a current license or certificate or other authorization required to practice a trade, conduct a business or practice a profession.
(b) Unless the appointing authority determines that the good of the service will best be served by proceeding directly to the procedure prescribed in K.S.A. 75-2949 and amendments thereto, the appointing authority may propose dismissal, demotion or suspension of a permanent employee for deficiencies in work performance only after the employee has received two performance evaluations in the 180 calendar days immediately preceding the effective date of the proposed dismissal, demotion or suspension. These performance evaluations shall be spaced at least 30 calendar days apart.
(c) If the appointing authority proposes to dismiss, demote or suspend a permanent employee for deficiencies in work performance without the two evaluations described by subsection (b) and if the employee appeals the action to the state civil service board, the board shall require the appointing authority to show that the employee was adequately counseled concerning the nature of the deficiencies in work performance and concerning what was expected of the employee in correcting the deficiencies.
(d) The provisions of subsections (b) and (c) shall not apply to demotions, suspensions or dismissals for the reasons described in subsection (a)(7).
History: L. 1981, ch. 334, § 4; L. 1985, ch. 277, § 2; May 16.
(a) Gross misconduct or conduct grossly unbecoming a state officer or employee;
(b) conviction of a criminal act;
(c) immoral conduct;
(d) willful abuse or misappropriation of state funds, materials, property or equipment;
(e) making a false statement of material fact in the employee's application for employment or position description;
(f) participation in any action that would in any way seriously disrupt or disturb the normal operation of the agency, institution, department or any other segment of state government;
(g) trespassing on the property of any state official or employee for the purpose of harassing or forcing dialogue or discussion from the occupants or owners of such property;
(h) willful damage to or destruction of state property;
(i) willful endangerment of the lives or property of others, or both;
(j) possession of unauthorized firearms or other lethal weapons while on the job;
(k) performing duties in a brutal manner, or mistreating, neglecting or abusing a patient or resident or other person in the employee's care;
(l) refusal to accept a reasonable and proper assignment from an authorized supervisor (insubordination);
(m) being under the influence of alcohol or drugs while on the job;
(n) knowingly releasing confidential information from official records;
(o) use of the employee's state position, use of the employee's time on the state job or use of state property or facilities by the employee in connection with a political campaign;
(p) exhibiting other personal conduct detrimental to state service which could cause undue disruption of work or endanger the safety of persons or property of others, as may be determined by the appointing authority;
(q) gross carelessness or gross negligence;
(r) grossly improper use of state property; and
(s) sexual harassment arising out of or in connection with employment.
History: L. 1981, ch. 334, § 5; L. 1985, ch. 276, § 7; July 1.
History: L. 1941, ch. 358, § 26; L. 1972, ch. 332, § 66; L. 1978, ch. 345, § 10; July 1.
History: L. 1941, ch. 358, § 27; L. 1953, ch. 375, § 53; L. 1978, ch. 345, § 11; Repealed, L. 1985, ch. 276, § 11; July 1.
History: L. 1941, ch. 358, § 28; June 1.
(b) Any officer or employee in the state classified service shall resign from the service prior to taking the oath of office for a state elective office.
History: L. 1941, ch. 358, § 29; L. 1969, ch. 401, § 1; L. 1975, ch. 439, § 1; L. 1978, ch. 346, § 1; L. 1984, ch. 315, § 1; L. 1986, ch. 319, § 1; L. 1991, ch. 150, § 41; L. 1996, ch. 197, § 1; May 16.
History: L. 1941, ch. 358, § 30; June 1.
(1) Any person who entered the armed services before October 15, 1976, and separated from the armed services under honorable conditions, if such person served: (A) On active duty during any war (the official dates for war service are April 6, 1917 through July 2, 1921, and December 7, 1941 through April 28, 1952); (B) during the period April 28, 1952 through July 1, 1955; (C) in any campaign or expedition for which a campaign badge or service medal has been authorized; or (D) for more than 180 consecutive days since January 31, 1955, excluding an initial period of active duty for training under the "six-month" reserve or national guard program;
(2) any person who entered the armed services on or after October 15, 1976, and separated from the armed services under honorable conditions, if such person was awarded a service medal or campaign badge;
(3) any person who separated from the armed services under honorable conditions and has a disability certified by the United States department of veterans affairs as being service connected, has been issued the purple heart by the United States government or has been released from active service with a service-connected disability; and
(4) any person who has voluntarily retired with 20 or more years of active service.
(b) To qualify for the veterans' preference, a person described in subsection (a) also shall meet the requirements of the vacant position. However, under no circumstances shall veterans be accorded any less preference than existed prior to July 1, 1995. The secretary of administration shall adopt rules and regulations necessary to implement the provisions of this section.
History: L. 1941, ch. 358, § 31; L. 1945, ch. 301, § 10; L. 1951, ch. 429, § 9; L. 1957, ch. 446, § 1; L. 1959, ch. 335, § 2; L. 1969, ch. 400, § 2; L. 1978, ch. 332, § 25; L. 1988, ch. 339, § 1; L. 1993, ch. 72, § 1; L. 1995, ch. 213, § 13; Dec. 17.
History: L. 1941, ch. 358, § 32; Repealed, L. 1953, ch. 375, § 95; July 1.
The director of personnel services, acting in behalf of the secretary of administration, may cooperate with other governmental agencies charged with public personnel administration in conducting areawide wage and salary surveys, recruiting and examining efforts, using common eligible lists, providing cooperative training efforts and interchanging personnel.
History: L. 1978, ch. 332, § 26; July 1.
History: L. 1978, ch. 332, § 27; L. 1981, ch. 336, § 1; Repealed, L. 1986, ch. 320, § 6; July 1.
History: L. 1941, ch. 358, § 33; June 1.
History: L. 1941, ch. 358, § 34; June 1.
History: L. 1941, ch. 358, § 35; June 1.
History: L. 1941, ch. 358, § 36; June 1.
History: L. 1941, ch. 358, § 37; L. 1978, ch. 332, § 28; L. 1985, ch. 276, § 8; July 1.
History: L. 1973, ch. 349, § 1; July 1.
History: L. 1963, ch. 433, §§ 1 to 4; Repealed, L. 1978, ch. 332, § 57; July 1.
History: L. 1963, ch. 433, § 5; L. 1972, ch. 332, § 93; L. 1978, ch. 345, § 12; Repealed, L. 1980, ch. 265, § 1; July 1.
History: L. 1963, ch. 433, §§ 6, 7; Repealed, L. 1978, ch. 332, § 57; July 1.
History: L. 1963, ch. 433, § 8; Repealed, L. 1980, ch. 265, § 1; July 1.
History: L. 1979, ch. 285, § 3; Repealed, L. 1980, ch. 266, § 7; April 19.
(b) This section shall be part of and supplemental to the Kansas civil service act.
History: L. 1981, ch. 335, § 1; July 1.
(b) When a position that is filled and that is not in the state service is brought into the state service, the appointing authority shall determine, subject to the approval of the director of personnel services, whether any of the incumbent's employment before the position was brought into the state service shall be counted as employment with the state for any purpose where length of service is a factor in determining eligibility for salary increases or benefits provided under the Kansas civil service act or the rules and regulations adopted pursuant thereto.
(c) Individuals who are declared eligible for, and who are receiving, state employment or training as participants under the federal comprehensive employment and training act of 1973, and amendments thereto, shall be in the unclassified service.
(d) This section shall be part of and supplemental to the Kansas civil service act.
History: L. 1981, ch. 335, § 2; July 1.
(b) As used in this section:
(1) "Auditing agency" means the (A) legislative post auditor, (B) any employee of the division of post audit, (C) any firm performing audit services pursuant to a contract with the post auditor, (D) any state agency or federal agency or authority performing auditing or other oversight activities under authority of any provision of law authorizing such activities, or (E) the inspector general created under K.S.A. 2007 Supp. 75-7427 and amendments thereto.
(2) "Disciplinary action" means any dismissal, demotion, transfer, reassignment, suspension, reprimand, warning of possible dismissal or withholding of work.
(3) "State agency" and "firm" have the meanings provided by K.S.A. 46-1112 and amendments thereto.
(c) No supervisor or appointing authority of any state agency shall prohibit any employee of the state agency from discussing the operations of the state agency or other matters of public concern, including matters relating to the public health, safety and welfare either specifically or generally, with any member of the legislature or any auditing agency.
(d) No supervisor or appointing authority of any state agency shall:
(1) Prohibit any employee of the state agency from reporting any violation of state or federal law or rules and regulations to any person, agency or organization; or
(2) require any such employee to give notice to the supervisor or appointing authority prior to making any such report.
(e) This section shall not be construed as:
(1) Prohibiting a supervisor or appointing authority from requiring that an employee inform the supervisor or appointing authority as to legislative or auditing agency requests for information to the state agency or the substance of testimony made, or to be made, by the employee to legislators or the auditing agency, as the case may be, on behalf of the state agency;
(2) permitting an employee to leave the employee's assigned work areas during normal work hours without following applicable rules and regulations and policies pertaining to leaves, unless the employee is requested by a legislator or legislative committee to appear before a legislative committee or by an auditing agency to appear at a meeting with officials of the auditing agency;
(3) authorizing an employee to represent the employee's personal opinions as the opinions of a state agency; or
(4) prohibiting disciplinary action of an employee who discloses information which: (A) The employee knows to be false or which the employee discloses with reckless disregard for its truth or falsity, (B) the employee knows to be exempt from required disclosure under the open records act, or (C) is confidential or privileged under statute or court rule.
(f) Any officer or employee of a state agency who is in the classified service and has permanent status under the Kansas civil service act may appeal to the state civil service board whenever the officer or employee alleges that disciplinary action was taken against the officer or employee in violation of this act. The appeal shall be filed within 90 days after the alleged disciplinary action. Procedures governing the appeal shall be in accordance with subsections (f) and (g) of K.S.A. 75-2949 and amendments thereto and K.S.A. 75-2929d through 75-2929g and amendments thereto. If the board finds that disciplinary action taken was unreasonable, the board shall modify or reverse the agency's action and order such relief for the employee as the board considers appropriate. If the board finds a violation of this act, it may require as a penalty that the violator be suspended on leave without pay for not more than 30 days or, in cases of willful or repeated violations, may require that the violator forfeit the violator's position as a state officer or employee and disqualify the violator for appointment to or employment as a state officer or employee for a period of not more than two years. The board may award the prevailing party all or a portion of the costs of the proceedings before the board, including reasonable attorney fees and witness fees. The decision of the board pursuant to this subsection may be appealed by any party pursuant to law. On appeal, the court may award the prevailing party all or a portion of the costs of the appeal, including reasonable attorney fees and witness fees.
(g) Each state agency shall prominently post a copy of this act in locations where it can reasonably be expected to come to the attention of all employees of the state agency.
(h) Any officer or employee who is in the unclassified service under the Kansas civil service act who alleges that disciplinary action has been taken against such officer or employee in violation of this section may bring an action pursuant to the act for judicial review and civil enforcement of agency actions within 90 days after the occurrence of the alleged violation. The court may award the prevailing party in the action all or a portion of the costs of the action, including reasonable attorney fees and witness fees.
(i) Nothing in this section shall be construed to authorize disclosure of any information or communication that is confidential or privileged under statute or court rule.
History: L. 1984, ch. 306, § 1; L. 1990, ch. 306, § 23; L. 1998, ch. 57, § 1; L. 2007, ch. 177, § 17; May 17.
(b) The director of the division of personnel services is prohibited from giving any list of names and residence addresses of state employees to any person knowing that such list will be used for the purpose of soliciting contributions from, or mailing political campaign literature or advertising to, such state employees.
(c) No state employee who lawfully, willingly and voluntarily makes a contribution to or on behalf of any state officer or candidate for state office shall be dismissed, demoted, suspended or subjected to any other disciplinary action because of the making of such contribution.
(d) Violations of this section shall be enforced by the attorney general or a county or district attorney in the county in which the violation took place. Violations of this section shall be punishable by a civil penalty of up to $2,500 per violation.
(e) As used in this section:
(1) "State employee" means any person holding a position in the classified service under the Kansas civil service act; and
(2) "contribution" has the meaning ascribed thereto in the campaign finance act.
History: L. 1988, ch. 331, § 4; July 1.
History: L. 1994, ch. 170, § 1; July 1.