Section 39.25.110. Exempt service.

Unless otherwise provided by law, the following positions in the state service constitute the exempt service and are exempt from the provisions of this chapter and the rules adopted under it:
        (1) persons elected to public office by popular vote or appointed to fill vacancies in elected offices;
        (2) justices, judges, magistrates, and employees of the judicial branch including employees of the judicial council;
        (3) employees of the state legislature and its agencies;
        (4) the head of each principal department in the executive branch;
        (5) officers and employees of the University of Alaska;
        (6) certificated teachers and noncertificated employees employed by a regional educational attendance area established and organized under AS 14.08.031 - 14.08.041 to teach in, administer, or operate schools under the control of a regional educational attendance area school board;
        (7) certificated teachers employed by the Department of Education and Early Development as correspondence teachers, teachers in skill centers operated by the Department of Education and Early Development or by the Department of Labor and Workforce Development, or in Mt. Edgecumbe School;
        (8) patients and inmates employed in state institutions;
        (9) persons employed in a professional capacity to make a temporary or special inquiry, study or examination as authorized by the governor;
        (10) members of boards, commissions, or authorities;
        (11) the officers and employees of the following boards, commissions, and authorities:
             (A)   [Repealed, Sec. 13 ch 43 SLA 1994]. 
             (B) Alaska Permanent Fund Corporation;
             (C) Alaska Industrial Development and Export Authority;
             (D) Alaska Commercial Fisheries Entry Commission;
             (E) Alaska Commission on Postsecondary Education;
             (F) Alaska Aerospace Corporation;
             (G)  [Repealed, Sec. 23 ch 11 SLA 2013].  
        (H) Alaska Gasline Development Corporation and subsidiaries of the Alaska Gasline Development Corporation;
        (12) the executive secretary and legal counsel of the Alaska Municipal Bond Bank Authority;
        (13) the state medical examiner, deputy medical examiner, and assistant medical examiners appointed under AS 12.65.015 and pharmacists and physicians licensed to practice in this state and employed by the Department of Health and Social Services or by the Department of Corrections;
        (14) petroleum engineers and petroleum geologists employed in a professional capacity by the Department of Natural Resources and by the Alaska Oil and Gas Conservation Commission;
        (15)   [Repealed, Sec. 1 ch 32 SLA 1999]. 
        (16) persons employed by the division of marine transportation as masters and members of the crews of vessels who operate the state ferry system and who are covered by a collective bargaining agreement provided in AS 23.40.040;
        (17) officers and employees of the state who reside in foreign countries;
        (18) employees of the Alaska Seafood Marketing Institute;
        (19) emergency firefighting personnel employed by the Department of Natural Resources for a fire emergency or for fire prevention and related activities conducted under AS 41.15.030;
        (20) employees of the Office of the Governor and the office of the lieutenant governor, including the staff of the governor's mansion;
        (21)   [Repealed, Sec. 47 ch 99 SLA 2004]. 
        (22) youth employed by the Department of Natural Resources under the Youth Employment and Student Intern programs;
        (23)   [Repealed, Sec. 6 ch 28 SLA 2003]. 
        (24) students employed by the state institutions in which the students are enrolled;
        (25)   [Repealed, Sec. 8 ch 2 SLA 2004]. 
        (26) investment officers in the Department of Revenue;
        (27)   [Repealed, Sec. 10 ch 29 SLA 1999].
        (28) persons engaged in employment or pre-employment training programs operated by the Department of Military and Veterans' Affairs;
        (29)   [Repealed, Sec. 9 ch 115 SLA 1989]. 
        (30) a person employed as an actuary or assistant actuary by the division of insurance in the Department of Commerce, Community, and Economic Development;
        (31)  [Repealed, Sec. 91 ch 163 SLA 2004].  
        (32) a participant in the Alaska temporary assistance program under AS 47.27 who holds a temporary position with the state in order to obtain job training or experience;
        (33) a person employed as a convener under AS 44.62.730 or as a facilitator under AS 44.62.760 related to a negotiated regulation making process under AS 44.62.710 - 44.62.800;
        (34) the chief executive officer and employees of the Alaska Mental Health Trust Authority employed under AS 47.30.026(b);
        (35) the assistant adjutant general for space and missile defense appointed under AS 26.05.185;
        (36) the victims' advocate established under AS 24.65.010 and the advocate's staff;
        (37) employees of the Alaska mental health trust land unit established under AS 44.37.050;
        (38) the executive director of the Council on Domestic Violence and Sexual Assault established under AS 18.66.010;
        (39) the executive director and employees of the Knik Arm Bridge and Toll Authority under AS 19.75.051 and 19.75.061;
        (40) the chair of the Workers' Compensation Appeals Commission (AS 23.30.007);
        (41) the Alaska Gasline Inducement Act coordinator appointed under AS 43.90.250;
        (42) oil and gas audit masters employed in a professional capacity by the Department of Revenue and the Department of Natural Resources to collect oil and gas revenue by developing policy, conducting studies, drafting proposed regulations, enforcing regulations, and directing audits by oil and gas revenue auditors;
        (43) the in-state gasline project coordinator appointed under AS 38.34.010.

Authorities

6.01.035;12.65.015;14.42.040;16.43.080;18.66.050;23.30.007;24.55.070;24.65.070;31.05.023;38.06.030;38.34.010;39.25.160;42.04.050;44.37.050;47.27.055;47.30.026

Notes

Recent Bills that will modify this

HB 214 REPEAL WORKERS' COMP APPEALS COMMISSION
HB 322 EXEMPT STATE EMPLOYEE SALARY LIMIT
HB 362 TRANSFER DUTIES: COMMERCE TO REVENUE
HB 366 COMM. FISH. ENTRY PERMIT LOANS & BANKS
SB 119 REPEAL WORKERS' COMP APPEALS COMMISSION

References

2 AAC 07.905
AS 6.01.035 .035">Sec. 06.01.035. Penalties.
AS 12.65.015 State medical examiner and deputies.
AS 14.42.040 Executive officer and staff; administration.
AS 16.43.080 Employment of personnel.
AS 18.66.050 Duties of the council.
AS 23.30.007 Workers' Compensation Appeals Commission.
AS 24.55.070 Staff and delegation.
AS 24.65.070 Staff and delegation.
AS 31.05.023 Commission staff.
AS 38.06.030 Compensation; per diem, travel expenses.
AS 38.34.010 In-state gasline project coordinator.
AS 39.25.160 Prohibitions generally.
AS 42.04.050 Employment of commission personnel.
AS 44.37.050 Duties of department with respect to management of mental health trust land.
AS 47.27.055 Agency collaboration.
AS 47.30.026 Officers and staff.

History

(Sec. 5 ch 144 SLA 1960; am Sec. 1 ch 48 SLA 1961; am Sec. 1 ch 133 SLA 1961; am Sec. 3 ch 93 SLA 1962; am Sec. 3 ch 24 SLA 1966; am Sec. 31 ch 46 SLA 1970; am Sec. 65 ch 69 SLA 1970; am Sec. 13 ch 113 SLA 1970; am Sec. 3 ch 78 SLA 1971; am Sec. 18 ch 78 SLA 1974; am Sec. 42 ch 127 SLA 1974; am Sec. 2 ch 32 SLA 1975; am Sec. 2 ch 79 SLA 1975; am Sec. 37 ch 124 SLA 1975; am Sec. 1 ch 157 SLA 1976; am Sec. 3 ch 90 SLA 1978; am Sec. 7 ch 18 SLA 1980; am Sec. 43 ch 106 SLA 1980; am Sec. 10 ch 131 SLA 1980; am Sec. 4 ch 148 SLA 1980; am Sec. 4 ch 106 SLA 1981; am Sec. 2, 3 ch 37 SLA 1982; am Sec. 7 ch 112 SLA 1982; am Sec. 1 ch 11 SLA 1983; am Sec. 1 ch 103 SLA 1984; am Sec. 58 ch 21 SLA 1985; am Sec. 1 ch 50 SLA 1985; am Sec. 69 ch 14 SLA 1987; am Sec. 1 ch 61 SLA 1987; am Sec. 2 ch 37 SLA 1988; am Sec. 2 ch 78 SLA 1988; am Sec. 26 ch 141 SLA 1988; am E.O. No. 72 Sec. 2 (1989); am Sec. 11 ch 95 SLA 1989; am Sec. 7, 9 ch 115 SLA 1989; am Sec. 10 ch 88 SLA 1991; am Sec. 1 ch 17 SLA 1992; am Sec. 4 ch 47 SLA 1993; am Sec. 13 ch 43 SLA 1994; am Sec. 111 ch 62 SLA 1995; am Sec. 17 ch 103 SLA 1996; am Sec. 25 ch 107 SLA 1996; am Sec. 6 ch 108 SLA 1996; am Sec. 1 ch 121 SLA 1996; am Sec. 4 ch 117 SLA 1998; am Sec. 10 ch 29 SLA 1999; am Sec. 1 ch 32 SLA 1999; am Sec. 1 ch 15 SLA 2001; am Sec. 2 ch 30 SLA 2001; am Sec. 20 ch 92 SLA 2001; am Sec. 1 ch 27 SLA 2002; am Sec. 2 ch 91 SLA 2002; am Sec. 3 2002 Ballot Measure No. 3; am Sec. 6 ch 28 SLA 2003; am Sec. 5 ch 49 SLA 2003; am Sec. 3 ch 77 SLA 2003; am Sec. 8 ch 2 SLA 2004; am Sec. 91 ch 163 SLA 2004; am Sec. 69 ch 10 FSSLA 2005; am Sec. 1 ch 48 SLA 2006; am Sec. 4 ch 22 SLA 2007; am Sec. 10 ch 1 SSSLA 2007; am Sec. 50 ch 41 SLA 2009; am Sec. 5 ch 47 SLA 2009; am Sec. 6 ch 7 SLA 2010; am Sec. 14, 23 ch 11 SLA 2013; am Sec. 9 ch 47 SLA 2013)