41 - Exempt class.

§ 41. Exempt class. 1. The following offices and positions shall be in  the exempt class:    (a)  one  secretary  of  each  state department or division, temporary  state commission or other state officer authorized by law to  appoint  a  secretary;    (b)  the deputies of principal executive officers authorized by law to  act generally for and in place of their principals;    (c) one secretary of each municipal board or commission authorized  by  law to appoint a secretary;    (d)  one  clerk  and  one  deputy  clerk if authorized by law, of each  court, and one clerk of each elective judicial  officer,  and  also  one  deputy clerk, if authorized by law, of any justice of the supreme court;    (e)  all  other  subordinate  offices  or positions for the filling of  which competitive or non-competitive examination may be found to be  not  practicable. Not more than one appointment shall be made to or under the  title  of  any office or position placed in the exempt class pursuant to  the  provisions  of  this  paragraph,  unless  a  different  number   is  specifically prescribed in the rules.    2.  No  office  or  position shall be deemed to be in the exempt class  unless it is specifically named in such class in  the  rules.  Upon  the  occurrence  of  a vacancy in any position in the exempt class, the state  or municipal civil service commission having  jurisdiction  shall  study  and  evaluate such position and, within four months after the occurrence  of  such  vacancy,  shall  determine  whether  such  position,  as  then  constituted,  is  properly classified in the exempt class.  Pending such  determination, said position shall not be filled, except on a  temporary  basis.