8A.412 MERIT SYSTEM -- APPLICABILITY -- EXCEPTIONS.
The merit system shall apply to all employees of the state and to
all positions in state government now existing or hereafter
established. In addition, the director shall negotiate an agreement
with the director of the department for the blind concerning the
applicability of the merit system to the professional employees of
the department for the blind. However, the merit system shall not
apply to the following:
1. The general assembly, employees of the general assembly, other
officers elected by popular vote, and persons appointed to fill
vacancies in elective offices.
2. All judicial officers and court employees.
3. The staff of the governor.
4. All board members and commissioners whose appointments are
provided for by the Code.
5. All presidents, deans, directors, teachers, professional and
scientific personnel, and student employees under the jurisdiction of
the state board of regents. The state board of regents shall adopt
rules not inconsistent with the objectives of this subchapter for all
of its employees not cited specifically in this subsection. The
rules are subject to approval by the director. If at any time the
director determines that the state board of regents merit system
rules do not comply with the intent of this subchapter, the director
may direct the board to correct the rules. The rules of the board
are not in compliance until the corrections are made.
6. All appointments which are by law made by the governor.
7. All personnel of the armed services under state jurisdiction.
8. Persons who are paid a fee on a contract-for-services basis.
9. Seasonal employees appointed during a state agency's
designated six-month seasonal employment period during the same
annual twelve-month period, as approved by the director.
10. Residents, patients, or inmates working in state
institutions, or persons on parole working in work experience
programs.
11. Professional employees under the supervision of the attorney
general, the state public defender, the secretary of state, the
auditor of state, the treasurer of state, and the public employment
relations board. However, employees of the consumer advocate
division of the department of justice, other than the consumer
advocate, are subject to the merit system.
12. Production and engineering personnel under the jurisdiction
of the Iowa public broadcasting board.
13. Members of the state patrol and other peace officers employed
by the department of public safety. The commissioner of public
safety shall adopt rules not inconsistent with the objectives of this
subchapter for the persons described in this subsection.
14. Professional employees of the arts division of the department
of cultural affairs.
15. The chief deputy administrative officer and each division
administrator of each state agency not otherwise specifically
provided for in this section, and physicians not otherwise
specifically provided for in this section. As used in this
subsection, "division administrator" means a principal
administrative or policymaking position designated by a chief
administrative officer and approved by the director or as specified
by law.
16. All confidential employees.
17. Other employees specifically exempted by law.
18. The administrator and the deputy administrator of the credit
union division of the department of commerce, all members of the
credit union review board, and all employees of the credit union
division.
19. The superintendent of the banking division of the department
of commerce, all members of the state banking council, and all
employees of the banking division except for employees of the
professional licensing and regulation bureau of the division.
20. Chief deputy industrial commissioners.
21. The appointee serving as the coordinator of the office of
renewable fuels and coproducts, as provided in section 159A.3.
22. All employees of the Iowa state fair authority.
23. Up to six nonprofessional employees designated at the
discretion of each statewide elected official.
24. The position classifications of employees of statewide
elected officials that were exempt from the merit system as of June
30, 1994, shall remain exempt and any employees subsequently hired to
fill any exempt position vacancies shall be classified as exempt
employees.
Section History: Recent Form
2003 Acts, ch 145, §60; 2004 Acts, ch 1101, §9; 2004 Acts, ch
1141, §1; 2005 Acts, ch 35, §31; 2006 Acts, ch 1177, §31; 2009 Acts,
ch 57, §2
Referred to in § 42.1, 68B.32, 123.20, 475A.3, 505.4, 507.4, 507.5
Equal opportunity and special appointments; §19B.2
8A.412 MERIT SYSTEM -- APPLICABILITY -- EXCEPTIONS.
The merit system shall apply to all employees of the state and to
all positions in state government now existing or hereafter
established. In addition, the director shall negotiate an agreement
with the director of the department for the blind concerning the
applicability of the merit system to the professional employees of
the department for the blind. However, the merit system shall not
apply to the following:
1. The general assembly, employees of the general assembly, other
officers elected by popular vote, and persons appointed to fill
vacancies in elective offices.
2. All judicial officers and court employees.
3. The staff of the governor.
4. All board members and commissioners whose appointments are
provided for by the Code.
5. All presidents, deans, directors, teachers, professional and
scientific personnel, and student employees under the jurisdiction of
the state board of regents. The state board of regents shall adopt
rules not inconsistent with the objectives of this subchapter for all
of its employees not cited specifically in this subsection. The
rules are subject to approval by the director. If at any time the
director determines that the state board of regents merit system
rules do not comply with the intent of this subchapter, the director
may direct the board to correct the rules. The rules of the board
are not in compliance until the corrections are made.
6. All appointments which are by law made by the governor.
7. All personnel of the armed services under state jurisdiction.
8. Persons who are paid a fee on a contract-for-services basis.
9. Seasonal employees appointed during a state agency's
designated six-month seasonal employment period during the same
annual twelve-month period, as approved by the director.
10. Residents, patients, or inmates working in state
institutions, or persons on parole working in work experience
programs.
11. Professional employees under the supervision of the attorney
general, the state public defender, the secretary of state, the
auditor of state, the treasurer of state, and the public employment
relations board. However, employees of the consumer advocate
division of the department of justice, other than the consumer
advocate, are subject to the merit system.
12. Production and engineering personnel under the jurisdiction
of the Iowa public broadcasting board.
13. Members of the state patrol and other peace officers employed
by the department of public safety. The commissioner of public
safety shall adopt rules not inconsistent with the objectives of this
subchapter for the persons described in this subsection.
14. Professional employees of the arts division of the department
of cultural affairs.
15. The chief deputy administrative officer and each division
administrator of each state agency not otherwise specifically
provided for in this section, and physicians not otherwise
specifically provided for in this section. As used in this
subsection, "division administrator" means a principal
administrative or policymaking position designated by a chief
administrative officer and approved by the director or as specified
by law.
16. All confidential employees.
17. Other employees specifically exempted by law.
18. The administrator and the deputy administrator of the credit
union division of the department of commerce, all members of the
credit union review board, and all employees of the credit union
division.
19. The superintendent of the banking division of the department
of commerce, all members of the state banking council, and all
employees of the banking division except for employees of the
professional licensing and regulation bureau of the division.
20. Chief deputy industrial commissioners.
21. The appointee serving as the coordinator of the office of
renewable fuels and coproducts, as provided in section 159A.3.
22. All employees of the Iowa state fair authority.
23. Up to six nonprofessional employees designated at the
discretion of each statewide elected official.
24. The position classifications of employees of statewide
elected officials that were exempt from the merit system as of June
30, 1994, shall remain exempt and any employees subsequently hired to
fill any exempt position vacancies shall be classified as exempt
employees.
Section History: Recent Form
2003 Acts, ch 145, §60; 2004 Acts, ch 1101, §9; 2004 Acts, ch
1141, §1; 2005 Acts, ch 35, §31; 2006 Acts, ch 1177, §31; 2009 Acts,
ch 57, §2
Referred to in § 42.1, 68B.32, 123.20, 475A.3, 505.4, 507.4, 507.5
Equal opportunity and special appointments; §19B.2
8A.412 MERIT SYSTEM -- APPLICABILITY -- EXCEPTIONS.
The merit system shall apply to all employees of the state and to
all positions in state government now existing or hereafter
established. In addition, the director shall negotiate an agreement
with the director of the department for the blind concerning the
applicability of the merit system to the professional employees of
the department for the blind. However, the merit system shall not
apply to the following:
1. The general assembly, employees of the general assembly, other
officers elected by popular vote, and persons appointed to fill
vacancies in elective offices.
2. All judicial officers and court employees.
3. The staff of the governor.
4. All board members and commissioners whose appointments are
provided for by the Code.
5. All presidents, deans, directors, teachers, professional and
scientific personnel, and student employees under the jurisdiction of
the state board of regents. The state board of regents shall adopt
rules not inconsistent with the objectives of this subchapter for all
of its employees not cited specifically in this subsection. The
rules are subject to approval by the director. If at any time the
director determines that the state board of regents merit system
rules do not comply with the intent of this subchapter, the director
may direct the board to correct the rules. The rules of the board
are not in compliance until the corrections are made.
6. All appointments which are by law made by the governor.
7. All personnel of the armed services under state jurisdiction.
8. Persons who are paid a fee on a contract-for-services basis.
9. Seasonal employees appointed during a state agency's
designated six-month seasonal employment period during the same
annual twelve-month period, as approved by the director.
10. Residents, patients, or inmates working in state
institutions, or persons on parole working in work experience
programs.
11. Professional employees under the supervision of the attorney
general, the state public defender, the secretary of state, the
auditor of state, the treasurer of state, and the public employment
relations board. However, employees of the consumer advocate
division of the department of justice, other than the consumer
advocate, are subject to the merit system.
12. Production and engineering personnel under the jurisdiction
of the Iowa public broadcasting board.
13. Members of the state patrol and other peace officers employed
by the department of public safety. The commissioner of public
safety shall adopt rules not inconsistent with the objectives of this
subchapter for the persons described in this subsection.
14. Professional employees of the arts division of the department
of cultural affairs.
15. The chief deputy administrative officer and each division
administrator of each state agency not otherwise specifically
provided for in this section, and physicians not otherwise
specifically provided for in this section. As used in this
subsection, "division administrator" means a principal
administrative or policymaking position designated by a chief
administrative officer and approved by the director or as specified
by law.
16. All confidential employees.
17. Other employees specifically exempted by law.
18. The administrator and the deputy administrator of the credit
union division of the department of commerce, all members of the
credit union review board, and all employees of the credit union
division.
19. The superintendent of the banking division of the department
of commerce, all members of the state banking council, and all
employees of the banking division except for employees of the
professional licensing and regulation bureau of the division.
20. Chief deputy industrial commissioners.
21. The appointee serving as the coordinator of the office of
renewable fuels and coproducts, as provided in section 159A.3.
22. All employees of the Iowa state fair authority.
23. Up to six nonprofessional employees designated at the
discretion of each statewide elected official.
24. The position classifications of employees of statewide
elected officials that were exempt from the merit system as of June
30, 1994, shall remain exempt and any employees subsequently hired to
fill any exempt position vacancies shall be classified as exempt
employees.
Section History: Recent Form
2003 Acts, ch 145, §60; 2004 Acts, ch 1101, §9; 2004 Acts, ch
1141, §1; 2005 Acts, ch 35, §31; 2006 Acts, ch 1177, §31; 2009 Acts,
ch 57, §2
Referred to in § 42.1, 68B.32, 123.20, 475A.3, 505.4, 507.4, 507.5
Equal opportunity and special appointments; §19B.2
