Guidelines for State Personnel Exemption

Guidelines for Exempting an Existing State Classified Position:

1.   A change to an existing state classified position description to request exemption must be approved by the Chancellor. To apply for such approval, the Exempt/PRA Job Description must be completed.  The completed form along with a current organizational chart that shows the reporting structure for the position is then submitted electronically to Cindy Corwin for review and approval. Please allow a minimum of two weeks for the review and approval process.

2.    If the Human Resources Department finds that the proposed position meets the legal guidelines for exemption of the position, the job description will be submitted to the appropriate Vice Chancellor and the Chancellor. This review must occur before the position can be announced. Early submission of the materials is essential.

3 .    If the Chancellor approves the position, the HR Department notifies the appointing authority and any other appropriate administrator. If the Chancellor does not approve the position, the position is to be abolished or is to be filled as a classified staff position.

4 .   NOTE: The creation of a new university staff position does not permit filling the position until funding has been identified and approved by the Budget Office.

 

Guidelines for Exemptions From State Personnel System:

 

1.    An exempt professional position is one which is exempt from the State Personnel System in accordance with statutes adopted in 2004. 

2.    There are the five categories of positions which may be exempt from the State Personnel System:

 

A. Officers and their executive assistants; 

B. Employees in professional positions, including:

1) Deans, directors, chairpersons, and professionals in academic and academic support positions;
2) Heads of administrative or academic departments or divisions and their principal professional subordinates; and
3) Professional employees of the Board of Regents.

C. Heads of functions supported primarily by student fees and charges, including heads of residence halls and their professional staff; 

D. Heads and professional staff of departments of intercollegiate athletics;

E. Heads of and professional staff involved in research and grant projects; and for the duration of their initial appointment, individuals in grant-funded positions where funding is limited by a known expiration date of the research project or grant.

4.    Permanent exempt professional positions which are University Officer positions (Chancellor, Vice Chancellor, Deans, and any other position designated as an officer by the President) are to be filled according to Board of Regents’ guidelines and these procedures. (See Appendix) 

5.    All other exempt professional positions (unclassified administrator and exempt professional staff) must be filled according to these procedures.

6.   A waiver of the search process may be used to fill officer and exempt professional positions in certain circumstances (see Waiver of the Search Process for Faculty and Exempt Professional positions).

7.   An exempt professional position may be filled on a temporary or acting basis for up to one year. All acting or interim appointments to Administrative Positions must be approved in accordance with Regent Policy 2K.

A "temporary" appointment is used for an appointee who is not currently employed by the University.

An "acting" appointment is used for an appointee who is currently employed by the University.

8.    An "interim" appointment may be made to fill a position on an emergency basis for an unspecified period of time. An interim appointment does not have a specific time period as the interim appointment concludes when the position is filled on a permanent basis.

9.    At this time searches are not required for temporary, acting, or interim positions, but "good faith" efforts must be made to ensure a diverse pool of temporary appointments. However, an Exempt Professional/Faculty Position Authorization Form, a letter of offer checklist, and a letter of offer must be completed, accompanied by appropriate supporting documentation, and circulated for signatures.

10.    University officers and exempt professional employees are generally regarded as "at will" employees who serve at the pleasure of the Chancellor, President, and Board of Regents.