41-771
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41-771. Exemptions A. This article and article 6 of this chapter do not apply to: 1. Elected state officers. 2. State officers and members of boards and commissions who are appointed by the legislature or the governor, the employees of the governor's office, the employees of the Arizona legislative council and the employees of the supreme court and the court of appeals. 3. State officers and employees who are appointed or employed by the legislature or either house of the legislature. 4. The curator, curatorial aides and tour guides and any other person who is employed to work in the state capitol museum. 5. Officers or employees of state universities and personnel of the Arizona state schools for the deaf and the blind. 6. Patients or inmates who are employed in state institutions. 7. Officers and enlisted personnel of the national guard of Arizona. 8. The single administrative or executive director and one deputy director of each state department or agency. 9. Not more than two assistants who serve in the office of an elected state officer, if that elected state officer is the sole elected head of the department. 10. One administrative assistant who serves a board or commission elected to head a state agency, department or division, and one assistant for each elected member of such a board or commission. 11. Persons who report directly to the governor. 12. Employees of the department of emergency and military affairs who occupy Arizona national guard positions identified as mobilization assets. 13. Except as otherwise required by federal law and except for certified peace officers as defined in section 38-842, correctional officers and juvenile correctional officers, state officers and employees who are appointed or employed after December 31, 2006 and who are at a pay grade of twenty-four or above. 14. Any other position exempted by law. B. Except for section 41-772, subsections D, E and F, this article and article 6 of this chapter do not apply to those positions determined by the director to meet any of the following criteria: 1. Top level positions in a department or agency that determine and publicly advocate substantive program policy. This includes those persons who are engaged in the direction of line operations if they report directly to the director or deputy director of the agency and in large multiprogram agencies those persons who report directly to the head of a primary component of the department or agency. 2. Those persons who are required to maintain a direct confidential working relationship with an exempt official. 3. Persons who provide legal counsel. 4. Positions that are part time. 5. Positions that are temporary and that are established for the purpose of conducting a special project, study or investigation. 6. Positions that are essentially for rehabilitation purposes. 7. Positions that are determined by the director to be directly or indirectly engaged in establishing policy or enforcement standards. 8. Directors of all institutions that maintain supervision or care on a twenty-four hour per day basis other than halfway houses or group homes. |