§ 4-15-2.2-21 — Classified service

Indiana § 4-15-2.2-21

• Jurisdiction: Indiana
• Art. 15: PERSONNEL ADMINISTRATION
• Ch. 2.2: State Civil Service System

Text

(a) Except as provided in subsection (b), the
state classified service consists of positions in programs that have a
federal statutory or regulatory requirement for the establishment and
maintenance of personnel standards on a merit basis, including
positions under the following:
(1) Employment Security (Unemployment Insurance and
Employment Services) (26 U.S.C. 3301 et seq., 29 U.S.C. 2801 et
seq., 38 U.S.C. 2000 et seq., 42 U.S.C. 501 et seq., and 42 U.S.C.
1101 et seq.).
(2) Federal Payments for Foster Care and Adoption Assistance
(42 U.S.C. 673).
(3) Supplemental Nutrition Assistance Program (7 U.S.C. 2011 et
seq.).
(4) Grants to States for Aid to the Blind (42 U.S.C. 1201 et seq.).
(5) Medical Assistance (Medicaid) (42 U.S.C. 1396 et seq.).
(6) Occupational Safety and Health Act (29 U.S.C. 651 et seq.).
(7) Occupational Safety and Health Grants to States (29 U.S.C.
673).
(8) Robert T. Stafford Disaster Assistance and Emergency Relief
Act (42 U.S.C. 5121 et seq.).
(9) Social Security Act (42 U.S.C. 301 et seq.).
(10) State and Community Programs on Aging and the Older
Americans Act (42 U.S.C. 3001 et seq.).
(11) Wagner-Peyser Act (29 U.S.C. 49 et seq.).
(b) The following positions are exempt from the state classified
service:
(1) An officer or employee appointed by the governor or
lieutenant governor.
(2) A deputy, an administrative assistant, a secretary, or another
position in a confidential relationship to an officer or employee
described in subdivision (1).
(3) An employee who holds an executive level position:
(A) who is the head of a division or major unit within a state
agency;
(B) who is a regional director or manager for a state agency,
regardless of the title of the position; or
(C) who, as a substantial part of the position's duties, provides
meaningful input on:
(i) the development of policy goals; or
(ii) the implementation of policy.
(4) The superintendent or director of a state institution.
(5) The highest ranking employee of a state agency who:
(A) holds an executive level position; and
(B) has primary responsibility for one (1) or more of the
following functions:
(i) Public information.
(ii) Legal matters.
(iii) Fiscal matters.
(iv) Security or internal affairs.
(v) Human resources.
(c) This section may not be construed to include in the state
classified service a position in a governmental entity listed in section
1(b) of this chapter unless the chief executive officer of the
governmental entity makes the election described in section 1(c) of this
chapter to have all or a part of the governmental entity's employees
participate in the state civil service.

Legislative History

As added by P.L.229-2011, SEC.56.