(1) No person shall be appointed or promoted to, or demoted or dismissed from, any position in the classified service, or in any way favored or discriminated against with respect to employment in the classified services because of his political or religious opinions, affiliations, ethnic origin, sex, race or disability. No person over the age of forty (40) shall be discriminated against because of age.
(2) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person.
(3) No employee in the classified service or member of the board or its executive director or secretary shall, directly or indirectly, pay or promise to pay any assessment for political purposes, or solicit or take any part in soliciting for any political party, or solicit or take any part in soliciting any political assessment, subscription, contribution, or service. No person shall solicit any political assessment, subscription, contribution, or service of any employee in the classified service.
(4) No employee in the classified service or member of the board or its executive director shall be a member of any national, state, or local committee of a political party, or an officer or member of a committee of a partisan political club, or a candidate for nomination or election to any paid partisan public office, or shall take part in the management or affairs of any political party or in any political campaign, except to exercise his right as a citizen privately to express his opinion and to cast his vote. Officers or employees of the classified service may be candidates for and occupy an elected office if the election is on a nonpartisan basis, the officers or employees have complied with the requirements of KRS 61.080, and the duties of the elective office do not interfere with, or create any conflicts of interest with, the state duties of the officers or employees in the classified service. An employee shall give notice to his or her appointing authority of his or her intent to run for elective office upon filing to run for the office. Effective: April 13, 2010 History: Amended 2010 Ky. Acts ch. 153, sec. 11, effective April 13, 2010. -- Amended 1998 Ky. Acts ch. 154, sec. 35, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 405, sec. 6, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 494, sec. 19, effective July 15, 1986. -- Repealed, reenacted, and amended as KRS 18A.140, 1982 Ky. Acts ch. 448, sec. 28, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 132, sec. 5, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 269, sec. 7, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 86, sec. 10, effective March 29, 1976; and ch. 331, sec. 1, effective June 19, 1976. -- Created 1960 Ky. Acts ch. 63, sec. 19. Formerly codified as KRS 18.310. 2024-2026 Budget Reference. See State/Executive Branch Budget, 2024 Ky. Acts ch. 175, Pt. I, C, 2, (1) at 1832. Legislative Research Commission Note. Although this section is included in 1986 Acts ch. 494, sec. 19, the change in this section was deleted by conference committee amendment.
Notes of Decisions
Cited in
10
cases, 1985–2017 · leading case:
Fletcher v. Graham, 192 S.W.3d 350 (Ky. 2006).
Fletcher v. Graham, 192 S.W.3d 350 (Ky. 2006).
· cites it 4× “KRS 18A.140. Prohibition against discrimination and political activities.”
Commonwealth v. Groves, 209 S.W.3d 492 (Ky. Ct. App. 2006).
· cites it 8× “The pardon specifically listed a violation KRS 18A.140 as an offense included within its reach.”
Forgy v. Stumbo, 378 F. Supp. 2d 774 (E.D. Ky. 2005).
· cites it 6× “Specifically, Plaintiff alleges that he desires to recommend individuals for employment by the government, in part on the basis of their political activity, but that, in light of KRS § 18A.140(1), he has a realistic fear of prosecution if he makes recommendations on political…”
Graham v. Mills, 694 S.W.2d 698 (Ky. 1985).
“She was charged with violations of the Merit System Law, KRS 18A.140, ten counts of theft by deception, and violations of KRS 522.”
Kentucky State Police v. Terry Scott, 529 S.W.3d 711 (Ky. 2017).
“The first count of the complaint alleged a violation of KRS 18A.140, and a denial of freedom of association and equal protection as guaranteed by the Kentucky Constitution §§ 1-3, and the United States Constitution Amendments 1 and 14, thereby entitling Scott and Fleming to…”
Commonwealth Revenue Cabinet v. Cope, 875 S.W.2d 87 (Ky. 1994).
“In recognition of the foregoing somewhat negative features of governmental employment, the General Assembly has endeavored to provide certain benefits to governmental employees which may not be enjoyed by all persons working in the private sector.”
Kelly v. Burks, 414 F. Supp. 2d 681 (E.D. Ky. 2006).
“See KRS 18A.140. As described by the Kentucky Supreme Court, a discharged unclassified employee must allege an “illegal cause,” and “[a]n unclassified employee is a political employee .”
Kentucky State Police v. Terry Scott (Ky. 2017).
“The first count of the complaint alleged a violation of KRS 18A.140, and a denial of freedom of association and equal protection as guaranteed by the Kentucky Constitution ·§§ 1-3, and the United States Constitution Amendments 1 and 14, thereby entitling Scott and Fleming to…”
Kentucky State Police v. Terry Scott (Ky. 2017).
“The first count of the complaint alleged a violation of KRS 18A.140, and a denial of freedom of association and equal protectiori as guaranteed by the Kentucky Constitution ·§§ 1-3, and the United States Constitution Amendments 1 and 14, thereby ' entitling Scott and Fleming to…”
— Ky. Rev. Stat. § 18A.140(1) — 2 cases
Commonwealth v. Groves, 209 S.W.3d 492 (Ky. Ct. App. 2006).
“The pardon specifically listed a violation KRS 18A.140 as an offense included within its reach.”
Forgy v. Stumbo, 378 F. Supp. 2d 774 (E.D. Ky. 2005).
“Specifically, Plaintiff alleges that he desires to recommend individuals for employment by the government, in part on the basis of their political activity, but that, in light of KRS § 18A.140(1), he has a realistic fear of prosecution if he makes recommendations on political…”
— Ky. Rev. Stat. § 18A.140(l) — 1 case
Forgy v. Stumbo, 378 F. Supp. 2d 774 (E.D. Ky. 2005).
“Specifically, Plaintiff alleges that he desires to recommend individuals for employment by the government, in part on the basis of their political activity, but that, in light of KRS § 18A.140(1), he has a realistic fear of prosecution if he makes recommendations on political…”
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treatment. Dots show Syfertize treatment of the citing case itself.