§ 311. Classified service defined; exceptions
(a) The classified service to which this chapter shall apply shall include all positions and categories of employment by the State, except as otherwise provided by law, and except the following:
(1) The State Legislature and its employees and other officers elected by popular vote or by vote of the Legislature and persons appointed to fill vacancies in elective offices.
(2) Members of boards and commissions and heads of departments or agencies appointed by the Governor, or with his or her approval.
(3) One principal or executive assistant, one deputy to the head of a department or agency, one private secretary, and one executive director for each board or commission or head of a department or agency elected or appointed by the Governor or Legislature or Legislative Council. However, nothing contained herein shall be construed so as to prevent a board, commission, or director or head of a department or agency from designating a classified employee to perform the duties of a principal assistant, deputy, executive director, or private secretary.
(4) Employees in the office of the Governor.
(5) Judges, referees, receivers, jurors, and notaries public, and all other officers and employees of a court.
(6) Presidents and heads of all State teachers colleges and employees of such colleges.
(7) Patients or inmates employed in State institutions.
(8) Persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation, or examination on behalf of the Legislature or a committee thereof, or by authority of the Governor.
(9) Positions for which the salary or compensation is fixed by statute.
(10) A person or persons engaged under retainer, contract for services as defined in section 341 of this title, or special agreement.
(11) Persons employed in a temporary capacity, in accordance with the provisions of section 331 of this title.
(12) Assistant Attorneys General and Special Assistant Attorneys General.
(13) [Repealed.]
(14) Attorneys employed as legal advisors or special counsel outside the Office of the Attorney General, including special counsel for the Public Utility Commission.
(15) The clerk and reporter employed by the Occupational Safety and Health Review Board.
(16) Employees of firms engaged by the Department of Buildings and General Services to perform custodial and maintenance services.
(b) Positions in the uniformed State Police within the Department of Public Safety shall be deemed to be within the classified service for purposes of job evaluation and assignment of position classes to salary ranges only, and not otherwise. (Amended 1961, No. 177, § 6; 1963, No. 170, § 1; 1965, No. 44, § 2, eff. May 5, 1965; 1965, No. 125, § 4, eff. July 2, 1965; 1967, No. 147, § 9, eff. Oct. 1, 1968; 1967, No. 263 (Adj. Sess.), § 1, eff. Feb. 28, 1968; 1969, No. 294 (Adj. Sess.), § 26, eff. April 9, 1970; 1971, No. 43, § 1, eff. April 7, 1971; 1971, No. 191 (Adj. Sess.), § 3; 1971, No. 193 (Adj. Sess.), §§ 2, 3, eff. April 3, 1972; 1971, No. 205 (Adj. Sess.), § 4; 1977, No. 222 (Adj. Sess.), § 2, eff. July 2, 1978; 1979, No. 59, §§ 14, 31(c); 1979, No. 205 (Adj. Sess.), § 140, eff. May 9, 1980; 1983, No. 147 (Adj. Sess.), § 4(a), eff. April 11, 1984; 1989, No. 67, § 16; 1993, No. 93, § 2; 1993, No. 227 (Adj. Sess.), § 14; 1999, No. 75 (Adj. Sess.), § 1; 2015, No. 78 (Adj. Sess.), § 1; 2017, No. 113 (Adj. Sess.), § 2.)