§ 91.4. Classified service coverage.
(a) Coverage.
(1) Existing and newly established positions in the agencies identified in the definition of ‘‘classified service’’ under 71 Pa.C.S. § 2103 (relating to definitions) shall be in the classified service unless specifically exempted by action of the Commission.
(2) Positions in classes which are or have been determined to be professional or technical by action of the Executive Board, or which are directly or indirectly derived from the classes, shall be in the classified service.
(b) Exemptions.
(1) Requests for exemption of positions from the classified service under the definition of ‘‘unclassified service’’ in 71 Pa.C.S. § 2103 shall be submitted in writing to the Director. The Director, after investigation, will recommend approval or denial of the exemption request to the Commission, which will make the final determination of classified service coverage.
(2) Criteria which shall be met for exemption are as follows:
(i) Under paragraph (1) of the definition of ‘‘unclassified service’’ in 71 Pa.C.S. § 2103. Department heads and deputy department heads are automatically exempt and require no Commission approval. Other positions will be reviewed to determine whether they fully participate in policy development, at the level required for exemption. Factors to be considered include things such as whether: the incumbent regularly and customarily meets with the Department head in formulating the general policies of the Department; the position is considered to be part of the Department’s top management team; the position is responsible for recommending or approving policies which govern one or more major program areas having major impact on attainment of the goals and objectives of the Governor or the Department head; the position is expected to exercise discretionary powers in carrying out major agency missions; and the position involves development and advocacy of the agency’s legislative programs. In addition, the Commission will consider the position’s placement in the organization, lines of authority, reporting relationship within the agency structure, classification standards, the pay level allocated to the position and the independence of action inherent in the position.
(ii) Under paragraph (2) of the definition of ‘‘unclassified service’’ in 71 Pa.C.S. § 2103. Members of boards and commissions are automatically exempt and require no Commission approval.
(iii) Under paragraph (3) of the definition of ‘‘unclassified service’’ in 71 Pa.C.S. § 2103. Appointing authorities shall identify and notify the Director, in writing, which positions are designated as personal aides or confidential and provide the Director with a copy of the current job description for each position so identified. Commission approval is not required. Positions exempted under this subsection shall be assigned work as personal aides or assistants and not as program supervisors or managers.
(iv) Under paragraph (4) of the definition of ‘‘unclassified service’’ in 71 Pa.C.S. § 2103. Appointing authorities shall request exemptions in writing. Justification shall include specific reasons why the position should be excluded from the classified service, as well as the period of time for which the exemption is requested.
(v) Under paragraph (5) of the definition of ‘‘unclassified service’’ in 71 Pa.C.S. § 2103. Positions in attorney classifications are automatically exempt and require no Commission approval.
(vi) Under paragraph (6) of the definition of ‘‘unclassified service’’ in 71 Pa.C.S. § 2103. Positions in classes which meet the definition of ‘‘unskilled’’ in the act are automatically exempt and require no Commission approval.
(vii) Under paragraph (7) of the definition of ‘‘unclassified service in 71 Pa.C.S. § 2103. The appointing authority shall identify and notify the Director in writing of the professional positions attached to the department head’s office which function in press or public relations, or both, legislative liaison or development of executive policy, and provide the Director with a copy of the current job description for each position so identified. Commission approval is not required.
Source The provisions of this § 91.4 adopted March 29, 1985, effective March 30, 1985, 15 Pa.B. 1151; amended November 15, 1991, effective November 16, 1991, 21 Pa.B. 5334; amended March 12, 2004, effective March 13, 2004, 34 Pa.B. 1442. Immediately preceding text appears at serial pages (275937) to (275938).
APPENDIX A
(Editor’s Note: 1 Pa. Code § 3.13(b) (relating to contents of Bulletin) gives the Legislative Reference Bureau discretion to exclude from publication in the Pennsylvania Bulletin classes of documents which are voluminous and applicable only to Commonwealth property or contracts or agency organization, management or personnel. Section 3.13(c) requires the Bureau to publish and codify a summary table of documents filed under § 3.13(b).)
(1) Administrative Circular No. 92-30, Dated August 6, 1992. Installation of Revised Appeal Request Form, SCSC-4112, Rev. 7-92.
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