§46-33  Exemption of certain countypositions.  In any county with a population of 500,000 or more, the civilservice to which this section refers is comprised of all positions in thepublic service of such county, now existing or hereafter established, andembraces all personal services performed for such county, except the following:

(1)  Positions of officers elected by public vote;positions of heads of departments; position of the clerk; position of themanager of the board of water supply and position of the chief of police.

(2)  Positions in the office of mayor, but suchpositions, except those of the heads of the offices of information andcomplaint and budget director, shall be included in the position classificationplan.  Employees of the municipal library and of the offices of information andcomplaint and budget director, other than the heads of such offices, however,shall not be exempted from civil service.

(3)  Positions of deputies of the corporation counsel,deputies of the prosecuting attorney, and law clerks.

(4)  Positions of members of any board, commission, orequivalent body.

(5)  Positions filled by inmates, patients, orstudents in city institutions or in the schools.

(6)  Positions of district magistrates, jurors, andwitnesses.

(7)  Personal services obtained by contract where thedirector of civil service has certified that the service is special or unique,is essential to the public interest and that, because of circumstancessurrounding its fulfillment, personnel to perform such service cannot beobtained through normal civil service recruitment procedures.  Any suchcontract may be for any period not exceeding one year.

(8)  Personal services of a temporary nature needed inthe public interest where the need for the same does not exceed ninety days,but before any person may be employed to render such temporary service thedirector of civil service shall certify that the service is of a temporarynature and that recruitment through normal civil service recruitment proceduresis not practicable.  The employment of any person for service of a temporarynature may be extended for good cause for an additional period not to exceedninety days upon similar certification by the director subject to approval ofthe civil service commission.

(9)  Personal services performed on a fee, contract orpiecework basis by persons who may lawfully perform their duties concurrentlywith their private business or profession or other private employment, if any,and whose duties require only a portion of their time, where it isimpracticable to ascertain or anticipate the portion of time devoted to theservice of the city and such fact is certified to by the director of civilservice.

(10)  Positions of temporary election clerks in theoffice of the clerk employed during the election periods, but the positionsfilled by such employees shall be included in the position classification plan.

(11)  Positions of one first deputy and privatesecretaries to heads of departments and their first deputies, but privatesecretarial positions shall be included in the position classification plan. The first deputy in the department of civil service, however, shall not beexempt from civil service.

The director of civil service shall determine theapplicability of this section to specific positions. [L 1970, c 181, §1; am L1990, c 219, §1]

 

Attorney General Opinions

 

  Provisions of civil service laws construed in light of Konnov. County of Hawaii decision for purposes of privatization.  Att. Gen. Op.97-6.