Current through Register Vol. 46, No. 39, September 25, 2024
(a) A request for
an exemption may be made either by an individual employee or by an employee
organization or local agency acting on behalf of employees who share the same
title or job classification. The request shall be filed with the commission by
April 1st of the year for which the exemption is requested. However, in the
event that an employee files pursuant to local law, ordinance, or resolution,
and that local law, ordinance, or resolution prescribes a date for filing the
annual statement which is earlier than May 15th, then that request shall be
made at least 45 days before that filing date.
(b) The request for an extension shall be
mailed to the commission by certified mail, or shall be delivered by hand. Upon
request, a receipt shall be issued for a hand delivery.
(c) The request for exemption shall include
the following information:
(1) if the request
is made on an individual basis, the name and home and business address of the
employee; if the request is made on behalf of employees sharing the same title
or job classification, the name of the employee organization or local agency
making the request and the name and address of the individual authorized to
make the request for that employee organization or local agency;
(2) the title or job classification of the
position for which the exemption is sought;
(3) if the request is being made by a local
agency or employee organization, a list of all local agencies within the
political subdivision where the title or job classification is
located;
(4) a copy of the job
description or specification for the title or job classification for which the
exemption is requested;
(5) a
statement, accompanied by supporting documentation, that the title or job
classification does not involve the performance of disqualifying
duties.
(d) The request
for exemption must be signed by the employee requesting the exemption or by the
authorized representative of the employee organization or local agency making
the request on behalf of employees with the same title or job
classification.
(e)
(1) An individual or employee organization
which files a request for exemption must also file a copy of the request with
the appointing authority of the local agency or agencies where the title or job
classification is located.
(2)
Within seven working days the appointing authority may file a written objection
to the request with the commission, based solely on the ground that the duties
of the title or job classification do not permit an exemption to be granted.
The appointing authority shall also send forthwith a copy of the objection to
the individual or employee organization, as appropriate.
(3) The individual or employee organization,
as appropriate, may within seven working days file a written response to the
objection of the appointing authority with the commission. The written response
shall also be filed with the appointing authority.
(4) Should no filing under paragraph (2) or
(3) of this section occur within the time limits provided, the commission may
act upon the request for exemption based on the material available to
it.
