(a) Section 3(e)(2)(C) provides an exclusion from the Act's coverage
for officials elected by the voters of their jurisdictions. Also
excluded under this provision are personal staff members and officials
in policymaking positions who are selected or appointed by the elected
public officials and certain advisers to such officials.
(b) The statutory term ``member of personal staff'' generally
includes only persons who are under the direct supervision of the
selecting elected official and have regular contact with such official.
The term typically does not include individuals who are directly
supervised by someone other than the elected official even though they
may have been selected by the official. For example, the term might
include the elected official's personal secretary, but would not include
the secretary to an assistant.
(c) In order to qualify as personal staff members or officials in
policymaking positions, the individuals in question must not be subject
to the civil service laws of their employing agencies. The term ``civil
service laws'' refers to a personnel system established by law which is
designed to protect employees from arbitrary action, personal
favoritism, and political coercion, and which uses a competitive or
merit examination process for selection and placement. Continued tenure
of employment of employees under civil service, except for cause, is
provided. In addition, such personal staff members must be appointed by,
and serve solely at the pleasure or discretion of, the elected official.
(d) The exclusion for ``immediate adviser'' to elected officials is
limited to staff who serve as advisers on constitutional or legal
matters, and who are not subject to the civil service rules of their
employing agency.
