Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 110 - Mississippi State Employee Handbook › Chapter 2 - DEFINITIONS › Sec2 27-110-2.2 - NON-STATE SERVICE › Section 27-110-2.2.1 - Non-state Service Appointment

Current through June 25, 2024
Unless otherwise provided for by law, the appointing
					 authority shall determine job qualifications for non-state service employees.
					 "Non-state service" is defined by Mississippi Code Annotated §
										25-9-107(c)  as
					 follows:
"Non-state service" shall mean the following officers and
					 employees are excluded from the state service by this chapter. The State
					 Personnel Director acknowledges the appointing authority actions for the
					 following, which are excluded from the state service:
(i) Members of the State Legislature, their
				  staffs and other employees of the legislative branch;
(ii) The Governor and staff members of the
				  immediate office of the Governor;
(iii) Justices and judges of the judicial
				  branch or members of appeals boards on a per diem basis;
(iv) The Lieutenant Governor, staff members
				  of the immediate office of the Lieutenant Governor and officers and employees
				  directly appointed by the Lieutenant Governor;
(v) Officers and officials elected by popular
				  vote and persons appointed to fill vacancies in elective offices;
(vi) Members of boards and commissioners
				  appointed by the Governor, Lieutenant Governor, or the State
				  Legislature;
(vii) All academic
				  officials, members of the teaching staffs and employees of the state
				  institutions of higher learning, the Mississippi Community College Board, and
				  community and junior colleges;
(viii) Officers and enlisted members of the
				  National Guard of the State;
(ix)
				  Prisoners, inmates, student or patient help working in or about
				  institutions;
(x) Contract
				  personnel; provided, that any agency which employs state service employees may
				  enter into contracts for personal and professional services only if such
				  contracts are approved in compliance with the rules and regulations promulgated
				  by the State Public Procurement Review Board under Section
				  27-104-7. Before paying any
				  warrant for such contractual services in excess of One Hundred Thousand Dollars
				  ($100,000.00), the Auditor of Public Accounts, or the successor to those
				  duties, shall determine whether the contract involved was for personal or
				  professional services, and, if so, was approved by the State Public Procurement
				  Review Board;
(xi) Part-time
				  employees; provided, however, part-time employees shall only be hired into
				  authorized employment positions classified by the board, shall meet minimum
				  qualifications as set by the board, and shall be paid in accordance with the
				  Variable Compensation Plan as certified by the board;
(xii) Persons appointed on an emergency basis
				  for the duration of the emergency; the effective date of the emergency
				  appointments shall not be earlier than the date approved by the State Personnel
				  Director and shall be limited to thirty (30) working days. Emergency
				  appointments may be extended to sixty (60) working days by the State Personnel
				  Board;
(xiii) Physicians, dentists,
				  veterinarians, nurse practitioners and attorneys, while serving in their
				  professional capacities in authorized employment positions who are required by
				  statute to be licensed, registered or otherwise certified as such, provided
				  that the State Personnel Director shall verify that the statutory
				  qualifications are met prior to issuance of a payroll warrant by the
				  auditor;
(xiv) Personnel who are
				  employed and paid from funds received from a federal grant program, which has
				  been approved by the Legislature or the Department of Finance and
				  Administration whose length of employment has been determined to be
				  time-limited in nature. This paragraph shall apply to personnel employed under
				  the provisions of the Comprehensive Employment and Training Act of 1973, as
				  amended, and other special federal grant programs which are not a part of
				  regular federally funded programs wherein appropriations and employment
				  positions are appropriated by the Legislature. Such employees shall be paid in
				  accordance with the Variable Compensation Plan and shall meet all
				  qualifications required by federal statutes or by the Mississippi
				  Classification Plan;
(xv) The
				  administrative head who is in charge of any state department, agency,
				  institution, board or commission, wherein the statute specifically authorizes
				  the Governor, board, commission or other authority to appoint said
				  administrative head; provided, however, that the salary of such administrative
				  head shall be determined by the State Personnel Board in accordance with the
				  Variable Compensation Plan unless otherwise fixed by statute;
(xvi) The State Personnel Board shall exclude
				  top-level positions if the incumbents determine and publicly advocate
				  substantive program policy and report directly to the agency head, or the
				  incumbents are required to maintain a direct confidential working relationship
				  with a key excluded official. Provided further, a written job classification
				  shall be approved by the board for each such position, and positions so
				  excluded shall be paid in conformity with the Variable Compensation
				  Plan;
(xvii) Employees whose
				  employment is solely in connection with an agency's contract to produce, store
				  or transport goods, and whose compensation is derived there from;
(xviii) Repealed;
(xix) The associate director, deputy
				  directors, and bureau directors within the Department of Agriculture and
				  Commerce;
(xx) Personnel employed
				  by the Mississippi Industries for the Blind; provided, that any agency may
				  enter into contracts for the personal services of MIB employees without the
				  prior approval of the State Personnel Board or the State Public Procurement
				  Review Board; however, any agency contracting for the personal services of an
				  MIB employee shall provide the MIB employee with not less than the entry level
				  compensation and benefits that the agency would provide to a full- time
				  employee of the agency who performs the same services; and
(xxi) Personnel employed by the Mississippi
				  Department of Wildlife, Fisheries, and Parks and the Mississippi Department of
				  Marine Resources as law enforcement officer trainees (cadets); such personnel
				  shall be paid in accordance with the Colonel Guy Groff State Variable
				  Compensation Plan.
(xxii)
				  Administrators and instructional employees under contract or employed by the
				  Mississippi School of the Arts (MSA) established in Sections
				  37-140-1
et
				  seq
.
(xxiii) The President
				  of the Mississippi Lottery Corporation and personnel employed by the
				  Mississippi Lottery Corporation; and
(xxiv) Employees, excluding administrative
				  employees, of the State Veterans Affairs Board who are employed at a veterans
				  home established by the State Veterans Affairs Board under Section
				  35-1-19.
(xxv) Personnel employed by the Mississippi
				  Department of Health whose employment is solely in connection with the
				  Department's responsibilities to implementing, administering, and enforcing
				  provisions of the Mississippi Medical Cannabis Act. This subparagraph shall
				  stand repealed on June 30, 2026; and
(xxvi) Personnel employed by the Mississippi
				  Department of Revenue whose employment is solely in connection with the
				  Department's responsibilities in implementing, administering, and enforcing
				  provisions of the Mississippi Medical Cannabis Act. This subparagraph shall
				  stand repealed on June 30, 2026.
Other non-state service employees include:
(i) Non-state service positions of deputy
				  superintendents, associate superintendents and directors within the State
				  Department of Education (Mississippi Code Annotated §
										37-3-13(1));
(ii) Non-state service positions of associate
				  directors, deputy directors and bureau directors within the Mississippi
				  Development Authority (Mississippi Code Annotated §
										57-1-5(3)(c)(xi));
(iii) All employees whether administrative,
				  licensed instructional, non-licensed instructional staff or otherwise employed
				  at the Mississippi School for the Blind and the Mississippi School for the Deaf
				  (Mississippi Code Annotated §§
										43-5-1
et
				  seq.