Procedure for Establishing or Responsible Administrative Unit:
Changing Employment
Human Resources
Category (Classified &

Contact:
Exempt)
Associate Vice President, Human

Resources
Issued: May 6, 2003
mdougher@mines.edu


Revised: August 10, 2011

1.0
CHANGING OR ESTABLISHING NEW POSITION CATEGORIES

Step 1: Complete the Exemption Request Form. The supervisor (and department
head if different from the supervisor) seeking to change the category of a position or
seeking to establish the category of a newly created position, must ful y describe the
new position’s duties and responsibilities and, for existing positions, explain why the
change in employment category is being sought. This description also must specify
how the position meets the requirements established in statute to be exempt (C.R.S.
24-50-135(1), et seq.).

1.1
C.R.S. 24-50-135(1) states that “administrators employed in
educational institutions … shal be exempt from the state personnel system.”

1.2
The statute defines “Administrators employed in educational
institutions” to mean (there are other elements to the definition, but these do
not apply at CSM):

a. Officers and their executive assistants;
b. Employees in professional positions, including the professional
employees of a governing board;
c. Any other employees involved in the direct delivery of academic
curriculum; and
d. Employees funded by grants or gifts.

1.3
To be a professional position, the position must qualify to be exempt
from the federal Fair Labor Standards Act (FLSA). Any position that is eligible
to be paid overtime is not exempt from the FLSA. A position is a professional
position if the position involves the exercise of discretion, analytical skil ,
judgment, personal accountability, and responsibility for creating, developing,
integrating, applying, or sharing an organized body of knowledge that
characteristical y is:

a. Acquired through education or training that meets the requirements for
a bachelor's or graduate degree or equivalent specialized experience;
and

b. Continuously studied to explore, extend, and use additional discoveries,
interpretations, and applications and to improve data, materials,
equipment, applications, and methods.
Page





Procedure for Establishing or Responsible Administrative Unit:
Changing Employment
Human Resources
Category (Classified &

Contact:
Exempt)
Associate Vice President, Human

Resources
Issued: May 6, 2003
mdougher@mines.edu


Revised: August 10, 2011


1.4
No position can be made exempt from the State Personnel System
while it is held by a Classified employee.

1.5
The results of decisions to exempt a position from the State Personnel
System are subject to audit by the Office of the State Auditor.

Step 2: In addition to being endorsed and supported by the department or division
head or administrative department director, al requests to change the category of a
position must be endorsed and supported by area Vice President or Provost prior to
being submitted to the President and prior to being reviewed in Human Resources.
At any level, if the position is not endorsed and supported, the process ends subject
to Section 2.0 below.

Step 3: If the President supports the request to establish or change the position’s
category, he or she wil endorse the request and forward it to Human Resources. At
this stage, the President’s endorsement is not a decision with respect to the
exemption; it is only an agreement by the President that the position may be
considered for exemption. If the President does not support the request, he or she
wil return it to the Vice President from whom the request came, and the process
ends.

Step 4: For those positions forwarded by the President, the Associate Vice
President for Human Resources will make a recommendation of exemption in
accordance with the control ing statute and will communicate this recommendation to
the President.

Step 5: The President wil make the final decision regarding the exemption and will
communicate his or her decision to the Associate Vice President for Human
Resources who wil , in turn, communicate the decision to the requesting department
and the area Vice President or Provost.

2.0
SALARY ACTIONS AND RECORDS

Salary determinations for individuals hired, appointed, transferred or promoted to the
exempt position wil be made in accordance with Salary Administration procedures in
effect at the time the exemption is approved.

Page





Procedure for Establishing or Responsible Administrative Unit:
Changing Employment
Human Resources
Category (Classified &

Contact:
Exempt)
Associate Vice President, Human

Resources
Issued: May 6, 2003
mdougher@mines.edu


Revised: August 10, 2011

The Human Resources Office wil maintain such records of exemption decisions and
provide such reports as are required from time to time by DPA.

3.0
APPEALS

The decision not to support an exemption request may be appealed only if the appeal
has a statutory basis. This means that if the appealing individual believes that the
decision not to proceed with an exemption request is contrary to the requirements of
statute, an appeal can be filed. This is the only basis for appeal. If an appeal is
desired, it must be filed in writing with the Associate Vice President for Human
Resources.

If a position has been reviewed and determined not to be exempt from the State
Personnel System by the President, that final decision cannot be appealed.

Page