Section 1.142  Jurisdiction B Exemptions

a)         Before a position shall qualify for exemption from Jurisdiction B under Section 4d(3) of the Personnel Code, the position shall be directly responsible to:

1)         The Governor, or

2)         A departmental director or assistant director appointed by the Governor, or

3)         A board or commission appointed by the Governor, or

4)         The head of an agency created by Executive Order, or the director or assistant director of an agency carrying out statutory powers, whose offices are created by the Governor subject to legislative veto under Article V, Section 11, of the Constitution of 1970, which agency head, director, or assistant director may themselves be subject to exemption under Section 4d(3), or

5)         In an agency having a statutory assistant director, a deputy director exercising full line authority under the director for all operating entities of the agency, provided the statutory role of assistant director is vacant or is assigned clearly distinct and separate duties from the deputy director and as a colleague to him, or

6)         A line position organizationally located between the director and/or assistant director and a subordinate statutorily exempt position(s), provided the position proposed for exemption has line authority over the statutorily exempt position(s), or

7)         The elected head of an independent agency in the executive, legislative, or judicial branch of government.

b)         If a position meets the above criterion, it must, in addition, be responsible for one or more of the following before it shall be approved as exempt:

1)         Directs programs defined by statute and/or departmental, board, or commission policy or possess significant authority when acting in the capacity of a director of programs to bind the agency.

2)         Makes decisions in exercising principal responsibility for the determination or execution of policy which fix objectives or state the principles to control action toward operating objectives of one or more divisions, such decisions being subject to review or reversal only by the director, assistant director, board, or commission.

3)         Participates in the planning and programming of departmental, board, or commission activities, integrating the plans and projections of related divisions, and the scheduling of projected work programs of those agencies.

c)         The Commission may upon its own action after 30 days notice to the Director of Central Management Services or upon the recommendation of the Director of the Department of Central Management Services rescind the exemption of any position which no longer meets the requirements for exemption as set forth in subsections (a) and (b) of this Section.  However, withdrawal of exemption shall be approved after the Commission has determined that an adequate level of managerial control exists in exempt status which will insure responsive and accountable administrative control of the programs of the agency.

d)         For all positions currently exempt by action of the Commission, the Director of Central Management Services shall inform the Commission promptly in writing of all changes in duties, responsibilities, organization, location, allocation, or identity.

e)         Prior to granting an exemption from Jurisdiction B the Commission will notify the incumbent of the position, if any, of its proposed action, whereupon the incumbent may appear at the Commission meeting at which such action is to be taken and present objections to such exemption.

(Source:  Section 1.142 renumbered from Section 1.340 and amended at 19 Ill. Reg. 12451, effective August 21, 1995)