Section 273-1-005 - DISCRETIONARY NON-CLASSIFIED POSITIONSEach agency may have non-classified positions as identified in Neb. Rev. Stat. § 81-1316. Persons holding the non-covered position serve at the pleasure of the agency head and are paid salaries set by the agency head. In no case will a current state employee's career protections or coverage by Personnel Rules and Regulations be revoked without the prior written agreement of such employee.
005.01CREATION OF DISCRETIONARY NON-CLASSIFIED POSITIONS. An agency head, when establishing a discretionary non-classified position, will submit to the Director a notification to create a new position or change a current position, including a listing of the number of employees in the agency for determination of the appropriate number of eligible discretionary non-classified positions. When non-classified positions are created under the provisions of Neb. Rev. Stat. § 81-1316(2), they will be established in a single non-classified code and title N00700, Discretionary Non-Classified.005.02WORKING TITLE. Discretionary non-classified positions may be assigned a working job title which describes the function of the position.005.03SALARY AND BENEFITS. The agency head has total discretion in setting the pay rate (hiring rate, increases and reductions) of an employee in a discretionary non-classified position.005.04AT WILL EMPLOYMENT. Individuals transferred or hired to fill discretionary non-classified positions are 'at will' employees. 'At will,' for purposes of the discretionary non-classified positions, is defined as serving at the pleasure of the appointing authority not subject to the Rules and Regulations of the Classified Personnel System.005.05DISCRETIONARY NON-CLASSIFIED EMPLOYEE CONVERSION TO CLASSIFIED STATUS. An agency head may not convert a discretionary non-classified position to a classified position while the position is occupied.273 Neb. Admin. Code, ch. 1, § 005
Adopted effective 12/21/2021Amended effective 6/14/2023