Pennsylvania Code
Title 4 - ADMINISTRATION
Part IV - CIVIL SERVICE COMMISSION
Subpart A - RULES OF THE CIVIL SERVICE COMMISSION
Chapter 91 - GENERAL PROVISIONS
Section 91.4 - Classified service coverage
Universal Citation: 4 PA Code ยง 91.4
Current through Register Vol. 54, No. 38, September 21, 2024
(a) Coverage.
(1) Existing and
newly established positions in the agencies identified in section 3(d) of the
act (71 P. S. §
741.3(d)) 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 section 3(c) of the act 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 section
3(c)(1) of the act. 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 section 3(c)(2) of the
act. Members of boards and commissions are automatically exempt and
require no Commission approval.
(iii)
Under section 3(c)(3) of the
act. 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 section 3(c)(4) of the
act. 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 section 3(c)(5) of the act. Positions in attorney
classifications are automatically exempt and require no Commission
approval.
(vi)
Under
section 3(c)(6) of the act. Positions in classes which meet the
definition of "unskilled" in the act are automatically exempt and require no
Commission approval.
(vii)
Under section 3(c)(7) of the act. 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.
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