Auraria Higher Education Center

Office of the Executive Vice President for Administration

Directive #9

 

Exempting Positions from the State Personnel System

 

Approved: February 17, 2005

 

Revised: September 30, 2005

 
EVPA Signature:

 

Exempting Positions from the State Personnel System

 

It is the intention of the Auraria Higher Education Center (AHEC) to comply with C.R.S. 24-50-135 (1) which provides for certain types of positions in the Department of Higher Education to be exempted from the state personnel system.  This statute also permits college and university presidents and the executive director of the Commission on Higher education to approve their respective agency’s positions as exempt from the personnel system.  This authority may be delegated to another position in the institution.

 

In accordance with C.R.S. 24-50-135, the Director of Human Resources has been delegated the authority to exempt positions at AHEC from the state personnel system.  It is the policy at AHEC that all newly created, vacant or requests for reallocation of an incumbered position will be reviewed for possible exemption from the personnel system.  If a position is incumbered the incumbent must agree to waive appeal rights and accept at- will employment in the exempted position.  If the incumbent does not agree to accept at-will employment, the position shall remain at the current classification level in the state personnel system until such time as either the incumbent agrees to accept at-will employment or the position becomes vacant.  However, appointing authorities retain authority to establish the duties, location and work hours of the positions they supervise whether such positions are within, or exempted from the state personnel system.

 

Procedure for Requesting Exemptions

 

All requests to exempt positions must be submitted to Human Resources in writing on the attached form and accompanied by a complete job description; organizational chart and a Request for Position Classification form signed by the Division Director and Budget Director. All position creations must also have the Executive Vice President for Administration’s (EVPA) signature.  The request will be reviewed for compliance with C.R.S. 24-50-135.  Positions meeting the following criteria shall be exempt at Auraria:

    

(a) Officers of an educational institution and their executive assistants; employees in professional positions, including deans, directors, chairpersons, and professionals in academic and academic support positions; heads of administrative or academic departments or divisions and their principal professional subordinates; and professional employees of a governing board or educational institution having responsibility for or control of program operations or for the formulation, planning, and direction o the policies of the governing board or educational institution. (b) and (c) deleted by amendment, L. 2004, p.419, 1, effective August 4, 2004.) (d) Heads of those functions of an educational institution that are supported primarily by student fees and charges, including heads of residence halls and their professional staff; (f) Professional officers and professional staff of the department of higher education, including the professional staff of any governing board of an institution of higher education; and (h) Heads of and professional staff involved in research and grant projects; and, for the duration of their initial appointment, individuals in grant-funded positions where funding is limited by a known expiration date of the research project or grant.

Positions will be reviewed for exemptions when any of the following occurs:

 

  • Request to create a position

  • Position becomes vacant

  • Request for reallocation

           

For purposes of this policy the following definitions will be applied:

 

Professional Staff Assistants: These persons are defined as those individuals directly responsible to an officer for research of policy or procedurally related matters, coordination of functions, and problem resolution of similar responsibilities within that officer’s area of responsibility.

 

Professional: Professional work involves exercising direction, analytical skill, judgment, and personal accountability and responsibility for creating, developing, integrating, applying, and sharing an organized body of knowledge that characteristically:

 

  • Requires knowledge in a field of learning customarily and characteristically acquired through education or training that meets the requirements of a bachelor’s or higher degree, or equivalent specialized experience

  • Requires the creative and conceptual application of theories, methods, principals, and practices of a professional field as well as management program objectives, law and regulations, general systems equivalent to the curriculum requirements for a bachelor’s or higher degree with a major study in or pertinent to the specialized filed; and Performs duties and responsibilities that are predominantly intellectual and varied in nature, requiring creative, analytical, evaluative, interpretative, or critical thinking in the context of the identifiable professional field (field of learning).

  • Requires the exercise of discretion and independent judgment, requiring only general supervision in performing normal day-to-day work.

 

Human Resources will review the request for exemption; make a determination as to the exemption status and respond in writing to the appointing authority.

 

If the appointing authority disagrees with the exemption designation, they may request the Executive Vice President of Administration review the exemption request and make a final determination.

Attachment: