19A.3  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 except 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 chapter for all of its employees not cited specifically in this subsection. The rules are subject to approval by the director of the department of personnel. If at any time the director determines that the board of regents merit system does not comply with the intent of this chapter, 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.  Part-time persons who are paid a fee on a contract-for- services basis.

9.  Seasonal employees appointed during a department'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 for a period no longer than one year.

11.  Professional employees under the supervision of the attorney general, the state public defender, 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 Iowa 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 chapter 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 head of each executive department not otherwise specifically provided for in this section, and physicians not otherwise specifically provided for in this section. As used in this subsection, "division head" means a principal administrative position designated by a chief administrative officer and approved by the department of personnel 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 and the deputy superintendent of the banking division of the department of commerce, all members of the state banking board, and all employees of the banking division.

20.  The superintendent of savings and loan associations and all employees of the savings and loan division of the department of commerce.

21.  Chief deputy industrial commissioners.

22.  The appointee serving as the coordinator of the office of renewable fuels and coproducts, as provided in section 159A.3.

23.  All employees of the Iowa state fair authority.

24.  Up to six nonprofessional employees designated at the discretion of each statewide elected official.

The director of the department of personnel 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.

Section History: Early form

  [C71, 73, 75, 77, 79, 81, § 19A.3; 81 Acts, ch 23, § 7, ch 27, § 1]

Section History: Recent form

  83 Acts, ch 96, § 55, 157, 159; 83 Acts, ch 126, § 23, 24; 83 Acts, ch 169, § 1; 83 Acts, ch 186, § 10011, 10201; 84 Acts, ch 1266, § 1; 85 Acts, ch 90, § 1; 85 Acts, ch 212, § 21; 86 Acts, ch 1245, § 205; 86 Acts, ch 1246, § 611; 87 Acts, ch 115, § 7; 88 Acts, ch 1161, § 11; 88 Acts, ch 1274, § 27; 89 Acts, ch 60, § 1; 91 Acts, ch 254, §2; 94 Acts, ch 1119, §8; 95 Acts, ch 13, § 1; 95 Acts, ch 162, § 1, 2; 97 Acts, ch 212, §20; 98 Acts, ch 1074, § 1

Internal References

  Referred to in § 17A.11, 19A.24, 42.1, 68B.32, 123.20, 475A.3, 505.4, 507.5


  Equal opportunity and special appointments; § 19B.2

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