Jurisdiction B Exemptions

Section 1 Section 1.142  Jurisdiction B Exemptions a)         The Civil Service Commission shall exercise its judgment when determining whether a position qualifies for exemption from Jurisdiction B under Section 4d(3) of the Personnel Code.  The Commission will consider any or all of the following factors inherent in the position and any other factors deemed relevant to the request for exemption: 1)         The amount and scope of principal policy making authority; 2)         The amount and scope of principal policy administering authority; 3)         The amount of independent authority to represent the agency, board or commission to individuals, legislators, organizations or other agencies relative to programmatic responsibilities; 4)         The capability to bind the agency, board or commission to a course of action; 5)         The nature of the program for which the position has principal policy responsibility; 6)         The placement of the position on the organizational chart of the agency, board or commission; 7)         The mission, size and geographical scope of the organizational entity or program within the agency, board or commission to which the position is allocated or detailed. b)         The Commission may, upon its own action after 30 days notice to the Director of Central Management Services or upon the recommendation of the Director of the Department of Central Management Services, rescind the exemption of any position that no longer meets the requirements for exemption set forth in subsection (a).  However, rescission of an exemption shall be approved after the Commission has determined that an adequate level of managerial control exists in exempt status that will insure responsive and accountable administrative control of the programs of the agency, board or commission. c)         For all positions currently exempt by action of the Commission, the Director of Central Management Services shall inform the Commission promptly in writing of all changes in essential functions, reporting structure, working title, work location, position title, position number or specialized knowledge, skills, abilities, licensure or certification. d)         Prior to granting an exemption from Jurisdiction B under Section 4d(3) of the Personnel Code, the Commission will notify the incumbent of the position, if any, of its proposed action.  The incumbent may appear at the Commission meeting at which action is to be taken and present objections to the exemption request.