Tennessee § 8-30-202 - Executive service positions — Preferred service positions — Determination of equivalent positions.

§ 8-30-202. Executive service positions — Preferred service positions — Determination of equivalent positions.

The following positions shall be executive service positions: Any officer or employee appointed by the governor and all positions in the governor's office; Any deputy commissioner or equivalent authority in each department or state agency; Any assistant commissioner or equivalent authority in each department or state agency; Wardens and directors of correctional facilities identified in title 41 and chief officers of mental health institutes or developmental centers identified in title 33; The head of a division or major unit within a state agency or a regional director or manager for a state agency, regardless of the title of the position, who, as a substantial part of the position's duties, provides meaningful input on: The development of policy goals; or The implementation of policy; The highest ranking employee of a state agency who has a primary responsibility for one (1) or more of the following functions: Public information and legislative affairs; Fiscal, budget and audit matters; Security or internal affairs; Information technology systems; and Human resources; A clinical director, medical director, or other licensed physician; A licensed attorney engaged in the practice of law and representing the state in such capacity; Any position serving in a confidential capacity to a commissioner, deputy commissioner, assistant commissioner or equivalent authority; and An employee of the department of mental health and substance abuse services who is a psychiatric hospital assistant superintendent, psychiatric hospital administrator, or psychiatric hospital nurse executive. An employee in the executive service is an employee at will and serves at the pleasure of the employee's appointing authority. All other full-time positions in state service shall be in the preferred service. An employee becomes a member of the preferred service upon successful completion of the probationary period under this chapter. Preferred service employees include 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 human resources. The commissioner shall determine equivalent levels for the purpose of assigning positions not specifically addressed in subsection (a) to the preferred or executive service. Such determination may be based on duties, responsibilities and reporting relationships and shall not be subject to review through any procedure. However, within any department, implementation of this provision shall not jeopardize federal funding resources. Acts 2012, ch. 800, § 11; 2020, ch. 623, §§ 1-3. Compiler's Notes. Acts 2012, ch. 800, § 1 provided that the act, which repealed and reenacted this part, shall be known and cited as the “Tennessee Excellence, Accountability, and Management (T.E.A.M.) Act of 2012.” Former part 2, §§ 8-30-201 — 8-30-224 (Acts 1939, ch. 221, §§ 1, 4, 6, 7, 9-13, 28, 29, 35, 36, 38-41; 1949, ch. 252, § 1; C. Supp. 1950, §§ 1034.24, 1034.26, 1034.28, 1034.29, 1034.31 — 1034.35, 1034.50, 1034.51, 1034.57, 1034.58, 1034.60, 1034.61, 1034.62, 1034.63, 1034.64 (Williams, §§ 423.24a, 423.24d, 423.24f, 423.24g, 423.24i — 423.24m, 423.24bb, 423.24cc, 423.24ii, 423.24jj, 423.24ll, 423.24mm, 423.24nn, 423.24oo, 423.24pp); Acts 1951, ch. 164, § 1; 1955, ch. 311, §§ 3, 4; 1955, ch. 314, § 1; impl. am. Acts 1959, ch. 9, §§ 3, 4; impl. am. Acts 1961, ch. 97, §§ 1-4; Acts 1961, ch. 333, § 1; 1963, ch. 147, § 1; 1965, ch. 293, §§ 1, 2; 1967, ch. 366, § 1; 1973, ch. 144, § 5; 1977, ch. 341, § 1; 1978, ch. 932, § 2; T.C.A. (orig. ed.), §§ 8-3101 — 8-3123; Acts 1981, ch. 422, § 1; 1981, ch. 429, §§ 4, 5; 1982, ch. 897, §§ 1, 2; 1983, ch. 37, §§ 3-7; 1985, ch. 241, § 1; 1986, ch. 869, §§ 4, 8, 22; 1987, ch. 166, § 1; 1987, ch. 359, § 2; 1987, ch. 404, §§ 1, 2; 1989, ch. 591, §§ 1, 113; 1991, ch. 492, § 1; 1996, ch. 594, § 1; 1997, ch. 441, § 1; 2002, ch. 851, § 1; 2007, ch. 60; 2007, ch. 217, § 1; 2010, ch. 826, § 1; 2011, ch. 158, § 5), concerning career service employees, was repealed and reenacted by Acts 2012, ch. 800, §§ 10-21, effective October 1, 2012. Amendments. The 2020 amendment added (a)(10). Effective Dates. Acts 2020, ch. 623, § 4. July 1, 2020. Attorney General Opinions. Authority of commissioner of personnel (now commissioner of human resources) to reassign position from the career service to the executive service, OAG 95-088, 1995 Tenn. AG LEXIS 100 (8/28/95).