As used in this chapter, the term:

(1) "Appointing authority" means the person or groups of persons authorized by law or delegated authority to make appointments to fill positions.

(2) "Classified service" includes all employees of state departments as defined in this Code section; all employees of local departments of health and county departments of family and children services; local employees of the Department of Defense as defined by law; but those officers and employees excluded by this article shall not be included.

(3) "Commissioner of personnel administration" and "commissioner" mean the chief executive officer of the state merit system who is responsible for administering the state personnel program in accordance with applicable state and federal laws and the policies of the State Personnel Board.

(4) "Confidential position" means a position which by its nature is entrusted with private or restricted information of a type which would preclude it from inclusion in the classified service.

(5) "Covered employee" or "classified employee" means an employee subject to the rules and regulations of the state merit system.

(6) "Covered position" or "classified position" means a position subject to the rules and regulations of the state merit system.

(7) "Department" and "agency" are synonymous and mean all separate and distinct divisions and subdivisions of state government whose heads are legally authorized to appoint employees to positions; but these terms shall not include authorities and public corporations. "Department" and "agency" shall include an agency assigned to a department for administrative purposes and shall also include local departments of public health, county departments of family and children services, community service boards, and units of the Department of Defense with local employees.

(8) "Department covered by the state merit system" means that a department has one or more positions or employees subject to the State Merit System of Personnel Administration.

(8.1) "Interdepartmental transfer" means a transfer from a classified position in one department to a classified position in another department at the same or a higher or lower pay grade. A transfer between units of the Department of Human Resources, including county departments of health and county departments of family and children services, shall not be deemed to be an interdepartmental transfer.

(9) "Permanent employee," "permanent status employee," or "employee on permanent status" means an employee who has successfully completed a working test period in the class of positions in which he or she has been employed.

(10) "Position" means a set of duties and responsibilities assigned or delegated by competent authority for performance by one person.

(11) "Positions of purely policy-making nature" means those positions charged with the primary responsibility and authority for the promulgation, implementation, and enforcement of departmental policies.

(12) "Rules and regulations" and "merit system rules and regulations" mean the governing provisions of the state merit system, as adopted by the State Personnel Board and approved by the Governor which give force and effect to the policies of the State Personnel Board.

(13) "State Personnel Board" and "board" are synonymous and mean the body authorized by Article IV, Section III, Paragraph I of the Constitution of Georgia.

(14) "State Personnel Board policies" means those policies adopted by the board and approved by the Governor, which policies describe the goals and objectives of the state personnel program and serve as a basis for the formulation and administration of the merit system rules and regulations.

(15) "Unclassified service" includes the following officers and employees who are excluded from the classified service by this article:

(A) Members of the General Assembly;

(B) Persons elected or appointed by the General Assembly, employees of the General Assembly, officials and employees of the Department of Audits and Accounts, and the legislative counsel, except as otherwise provided;

(C) Officers, officials, and employees comprising the office of the Governor, except those officers, officials, and employees already covered by the state merit system by law or executive order; and all employees of the Office of Planning and Budget in the position classification policy coordinator, notwithstanding their previous inclusion in the classified service;

(D) Officers, officials, and employees comprising the office of the Lieutenant Governor, except as otherwise provided;

(E) Officers and officials elected by popular vote and persons appointed to fill vacancies in elective offices;

(F) Members of boards and commissions appointed by the Governor or the General Assembly;

(G) The heads of departments or agencies appointed by boards or commissions which have been appointed by the Governor or the General Assembly, except where specifically included;

(H) Justices, judges, officials, officers, and employees of the judicial branch;

(I) Members, the chancellor, and vice-chancellors of the Board of Regents of the University System of Georgia and all officers, officials, and employees of the University System of Georgia, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order;

(J) The officers, officials, and employees of the Department of Transportation, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order;

(K) The officers, officials, and employees of the Department of Law, except those officers, officials, and employees already covered by the state merit system by law or executive order;

(L) A deputy or a confidential secretary when one is required by the head of a department, provided that the commissioner shall prescribe the conditions under which more than one deputy may be excluded;

(M) Not more than five positions designated by the head of each department, bureau, commission, or agency, including those assigned for administrative purposes only, provided that the agency does not presently contain five unclassified, full-time, permanent, managerial positions; and provided, further, that the rights of classified employees shall not be abridged;

(N) Members of the military forces of the state while engaged in military service;

(O) Members of unemployment compensation boards of review and appeals tribunals representing employer, employee, and the general public interest;

(P) State and local officials serving ex officio or emeritus and performing incidental duties;

(Q) Members of other advisory councils, committees, or similar bodies within the state merit system;

(R) Part-time or temporary employees rendering medical, nursing, or other professional, scientific, or technical services who are not engaged in the performance of administrative duties under the merit system, provided that such employees meet the minimum requirements of education and experience established by the appointing authority and such employment is approved by the commissioner;

(S) Prisoner, inmate, student, or patient help working in or about institutions;

(T) Per diem employees engaged in skilled or unskilled work on a seasonal or intermittent basis, provided that the commissioner has authorized such employment;

(U) Commission and contract salesmen and hourly or per diem skilled and unskilled laborers working at the Georgia Industries for the Blind;

(V) Positions specifically excluded from classified service by law or those of a purely policy-making or confidential nature as recommended by the department head and approved by the Governor after consultation with the commissioner;

(W) Time-limited positions established for the purpose of conducting a specific study, investigation, or project subject to the approval of the commissioner;

(X) Additional positions of unique functions as may be authorized by the commissioner;

(Y) Positions in the class Major assigned to the Uniform Division of the Department of Public Safety;

(Z)(i) The officers, officials, employees, and positions of the Department of Natural Resources, except those officers, officials, employees, and positions which are as of March 14, 1984, in fact in the classified service or which the commissioner designates as being in the classified service of the merit system unless placed in the unclassified service under another provision of this chapter. Except as provided in division (ii) of this subparagraph, unclassified employees of the Department of Natural Resources who are paid on an hourly basis shall continue not to be entitled to other benefits of employment, including, but not limited to, the accrual of annual and sick leave, membership within the Employees' Retirement System of Georgia, and inclusion under the health insurance plan for state employees as provided for in Article 1 of Chapter 18 of this title.

(ii) Any provision of division (i) of this subparagraph to the contrary notwithstanding, unclassified employees of the Department of Natural Resources who are at work on or after July 1, 1993, who are paid on an hourly basis, and who are otherwise eligible to participate under Article 1 of Chapter 18 of this title may be included under the health insurance plan for state employees as funding is provided and may accrue annual and sick leave; provided, however, that such eligibility for annual and sick leave shall not apply to any service occurring prior to July 1, 1993;

(AA) The employees in the positions in the job classification of "Clerk, Contingency" in the Department of Labor who are paid on an hourly basis. These employees shall continue not to be entitled to other benefits of employment, including, but not limited to, the accrual of annual and sick leave, membership within the Employees' Retirement System of Georgia, and inclusion under the health insurance plan for state employees as provided for in Article 1 of Chapter 18 of this title;

(BB) The officers, officials, and employees of postsecondary technical schools which are operated by the Department of Technical and Adult Education, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order;

(CC) The 39 positions funded by the General Assembly during the 1992 legislative session for the Insurance Department for the purposes of securing accreditation of the Insurance Department by the National Association of Insurance Commissioners; (DD) The officers, officials, and employees of state schools which are operated by the State Board of Education, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order;

(EE) All positions filled on or after July 1, 1996, by new hires or rehires, except as provided in Code Section 15-11-24.3;

(FF) Any position established on or after July 1, 1996; and

(GG) Any classified employee who, on or after July 1, 1996, accepts employment in an unclassified position.

(16) "Working test" or "working test period" means a probationary period of employment in a class of covered positions during which the employee must demonstrate to the satisfaction of the appointing authority that he or she has the knowledge, ability, aptitude, and other necessary qualities to perform satisfactorily the duties of the position in which employed. The working test period shall apply to each promotion and interdepartmental transfer as provided in Code Section 45-20-17.

The commissioner may fix the length of the working test period for any class at not less than six months nor more than 18 months exclusive of any time in nonpay status or an unclassified position; provided, however, that the length of the working test period for troopers of the Uniform Division of the Department of Public Safety shall be 18 months. The State Personnel Board shall provide guidelines to be used by appointing authorities in reviewing classified employees during the working test period.

(17) "Working test employee" or "employee on working test" means a covered employee serving a working test period in the class of positions in which he or she is employed; provided, however, that an employee serving a working test period following a promotion in the same department from a lower class in which he or she held permanent status shall retain permanent status rights in the lower class until he or she attains permanent status in the class to which he or she has been promoted; provided, further, that an employee with five years or more of continuous state service who is serving a working test period following an interdepartmental transfer shall retain permanent status rights in the new department as provided in subsection (b) of Code Section 45-20-17.