Section 27-110-2.2.1 - Non-state Service AppointmentUnless 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;(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/ Neville Kenning State Variable Compensation Plan.(xxii) Administrators and instructional employees under contract or employed by the Mississippi School of the Arts (MSA) established in Sections 37-140-1et 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 §§ 43-5-1et seq.27 Miss. Code. R. 110-2.2.1