8-30-208 - Career and executive service. - Tennessee Statutes

8-30-208. Career and executive service.

(a)  The state service should be divided into an executive and a career service.

(b)  The executive service shall include:

     (1)  Members of boards, commissions, agencies and authorities and the chief executive officer of each board, commission, agency and authority and the commissioner of each department;

     (2)  The deputy commissioner or equivalent authority in each department and agency;

     (3)  Any assistant commissioner or equivalent authority in each department or agency;

     (4)  Any division director or equivalent with statewide responsibility in each department or agency;

     (5)  Any position serving in a confidential administrative or program management capacity to a commissioner, deputy commissioner, assistant commissioner or equivalent authority;

     (6)  All positions in the governor's office (executive department); and

     (7)  Wardens and directors of correctional institutions and superintendents of mental health/mental retardation institutions.

(c)  All other regular full-time positions in state service shall be in the career service, including any commissioned member of the department of safety, below the rank of captain, serving in the capacity of executive security, who has been so certified by the commissioner of safety to the commissioner of personnel.

(d)  The commissioner shall determine equivalent levels for the purpose of assigning positions not specifically addressed in subsection (b) to the career or executive service. Such determination shall be based solely on duties, responsibilities and reporting relationships and shall not be subject to review through any procedure. However, within any division, implementation of this provision shall not jeopardize federal funding resources.

(e)  All executive orders issued pursuant to this section prior to July 1, 1986, are hereby superseded and repealed.

(f)  (1)  A career service employee who becomes an executive service employee shall, upon termination from such executive service position, have the right to be reassigned to a career service position within the same department or agency or if necessary, another department or agency. The reassignment shall be at the same classification and salary as the most recent career service position, and the salary shall include all across-the-board pay increases occurring since placement in the position designated as executive service.

     (2)  This employment right applies only when the employee held a career service position for five (5) or more years and held a career service position the immediately preceding twelve (12) months before the executive service appointment. If no vacancy exists in the same classification held prior to the executive service appointment, the employee shall be appointed to a vacant position in accordance with civil service procedures for hiring.

If there is a reduction-in-force in the career service, the reduction-in-force procedures shall take precedence.

     (3)  A person occupying a position in the executive service who is terminated for any reason which would warrant the dismissal of a career service employee shall not have the right of reassignment to a position in the career service.

          (A)  A person occupying the position of commissioner, deputy commissioner, or assistant commissioner for more than five (5) years does not have the right of reassignment established by this subsection (f).

          (B)  A person occupying an executive service position for more than ten (10) years does not have the right of reassignment established by this subsection (f).

     (4)  The placement of any person in accordance with the provisions of this subsection (f) may not be made to a position which would cause the separation of any other regular civil service employee.

(g)  (1)  If a career service employee's position is reclassified as part of the executive service, such person shall maintain the position with an incumbent's rights in the career service.

     (2)  If such person ceases to hold the reclassified position through promotion, demotion, resignation, or otherwise, the position will be part of the executive service as reclassified by the commissioner.

[Acts 1939, ch. 221, § 7; C. Supp. 1950, § 1034.29 (Williams, § 423.24g); Acts 1973, ch. 144, § 5; T.C.A. (orig. ed.), § 8-3108; Acts 1983, ch. 37, §§ 6, 7; 1986, ch. 869, § 22; 1987, ch. 166, § 1; 1997, ch. 441, § 1; 2002, ch. 851, § 1.]