2.2-2905 - Certain officers and employees exempt from chapter.
§ 2.2-2905. Certain officers and employees exempt from chapter.
The provisions of this chapter shall not apply to:
1. Officers and employees for whom the Constitution specifically directs themanner of selection;
2. Officers and employees of the Supreme Court and the Court of Appeals;
3. Officers appointed by the Governor, whether confirmation by the GeneralAssembly or by either house thereof is required or not;
4. Officers elected by popular vote or by the General Assembly or eitherhouse thereof;
5. Members of boards and commissions however selected;
6. Judges, referees, receivers, arbiters, masters and commissioners inchancery, commissioners of accounts, and any other persons appointed by anycourt to exercise judicial functions, and jurors and notaries public;
7. Officers and employees of the General Assembly and persons employed toconduct temporary or special inquiries, investigations, or examinations onits behalf;
8. The presidents, and teaching and research staffs of state educationalinstitutions;
9. Commissioned officers and enlisted personnel of the National Guard and thenaval militia;
10. Student employees in institutions of learning, and patient or inmate helpin other state institutions;
11. Upon general or special authorization of the Governor, laborers,temporary employees and employees compensated on an hourly or daily basis;
12. County, city, town and district officers, deputies, assistants andemployees;
13. The employees of the Virginia Workers' Compensation Commission;
14. The officers and employees of the Virginia Retirement System;
15. Employees whose positions are identified by the State Council of HigherEducation and the boards of the Virginia Museum of Fine Arts, The ScienceMuseum of Virginia, the Jamestown-Yorktown Foundation, the Frontier CultureMuseum of Virginia, the Virginia Museum of Natural History, the New CollegeInstitute, the Southern Virginia Higher Education Center, and The Library ofVirginia, and approved by the Director of the Department of Human ResourceManagement as requiring specialized and professional training;
16. Employees of the State Lottery Department;
17. Production workers for the Virginia Industries for the Blind ShelteredWorkshop programs;
18. Employees of the Virginia Commonwealth University Health System Authority;
19. Employees of the University of Virginia Medical Center. Any changes incompensation plans for such employees shall be subject to the review andapproval of the Board of Visitors of the University of Virginia. TheUniversity of Virginia shall ensure that its procedures for hiring Universityof Virginia Medical Center personnel are based on merit and fitness. Suchemployees shall remain subject to the provisions of the State GrievanceProcedure (§ 2.2-3000 et seq.);
20. In executive branch agencies the employee who has accepted serving in thecapacity of chief deputy, or equivalent, and the employee who has acceptedserving in the capacity of a confidential assistant for policy oradministration. An employee serving in either one of these two positionsshall be deemed to serve on an employment-at-will basis. An agency may notexceed two employees who serve in this exempt capacity;
21. Employees of Virginia Correctional Enterprises. Such employees shallremain subject to the provisions of the State Grievance Procedure (§ 2.2-3000et seq.);
22. Officers and employees of the Virginia Port Authority;
23. Employees of the Virginia College Savings Plan;
24. Directors of state facilities operated by the Department of BehavioralHealth and Developmental Services employed or reemployed by the Commissionerafter July 1, 1999, under a contract pursuant to § 37.2-707. Such employeesshall remain subject to the provisions of the State Grievance Procedure (§2.2-3000 et seq.);
25. The Director of the Virginia Office for Protection and Advocacy;
26. Employees of the Virginia Foundation for Healthy Youth. Such employeesshall be treated as state employees for purposes of participation in theVirginia Retirement System, health insurance, and all other employee benefitsoffered by the Commonwealth to its classified employees;
27. Employees of the Virginia Indigent Defense Commission; and
28. Any chief of a campus police department that has been designated by thegoverning body of a public institution of higher education as exempt,pursuant to § 23-232.
(Code 1950, § 2-84; 1966, c. 677, § 2.1-116; 1973, c. 401; 1981, c. 8; 1982,c. 582; 1984, cc. 290, 703; 1985, c. 596; 1987, c. 531; 1989, c. 560; 1990,c. 937; 1992, Sp. Sess., c. 5; 1993, c. 510; 1994, cc. 48, 64, 653; 1995, c.757; 1996, cc. 53, 905, 933, 995, 1046; 1997, cc. 232, 711, 785, 861; 1999,c. 576; 2000, cc. 66, 382, 400, 657, 720; 2001, c. 844; 2002, cc. 271, 572;2003, c. 652; 2005, c. 716; 2007, c. 192; 2009, cc. 424, 554, 589, 596, 813,840.)