Exempt positions may be designated exempt either by statute or by the State HR Director at the request of the Governor or other elected official. The State HR Director determines the salary and fringe benefits of all positions presently or hereafter exempted, unless otherwise specified in statute.
There are a variety of exemptions identified in statute - most come under RCW 41.06.070 of civil service law. Additionally, specific exemptions may be identified in an agency's enabling legislation.
The statutes clearly state the criteria for exemptions and they may differ depending on the agency enabling legislation. The general criteria is as follows:
The Governor's Pool is a group of additional exemptions under the jurisdiction of the Governor's Office that must meet the exemption criteria per RCW 41.06.070(3). However, this pool has a one-percent limit. Some agencies may use the Governor's Pool positions if they don't meet the required criteria stated in other exemptions. The State Human Resources maintains and monitors the usage of the Governor's Pool so it remains within the one-percent limit.
Agencies are strongly encouraged to contact their assigned Classification Consultant prior to making any revisions to an exempt position.