{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-2905.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-2905.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-2905.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-2905.html"}],"law_id":64223,"edition_id":1,"section_id":64223,"structure_id":14043,"section_number":"2.2-2905","catch_line":"Certain officers and employees exempt from chapter","history":"Code 1950, \u00a7 2-84; 1966, c. 677, \u00a7 2.1-116; 1973, c. 401; 1981, c. 8; 1982, c. 582; 1984, cc. 290, 703; 1985, c. 596; 1987, c. 531; 1989, c. 560; 1990, c. 937; 1992, Sp. Sess., c. 5; 1993, c. 510; 1994, cc. 48, 64, 653; 1995, c. 757; 1996, cc. 53, 905, 933, 995, 1046; 1997, cc. 232, 711, 785, 861; 1999, c. 576; 2000, cc. 66, 382, 400, 657, 720; 2001, c. 844; 2002, cc. 271, 572; 2003, c. 652; 2005, c. 716; 2007, c. 192; 2009, cc. 424, 554, 589, 596, 813, 840; 2013, c. 571; 2014, c. 225; 2015, cc. 38, 221, 730; 2018, c. 184; 2020, cc. 269, 800; 2024, c. 217.","full_text":"The provisions of this chapter shall not apply to:\n\n1\n\nOfficers and employees for whom the Constitution specifically directs the manner of selection;2\n\nOfficers and employees of the Supreme Court and the Court of Appeals;3\n\nOfficers appointed by the Governor, whether confirmation by the General Assembly or by either house thereof is required or not;4\n\nOfficers elected by popular vote or by the General Assembly or either house thereof;5\n\nMembers of boards and commissions however selected;6\n\nJudges, referees, receivers, arbiters, masters and commissioners in chancery, commissioners of accounts, and any other persons appointed by any court to exercise judicial functions, and jurors and notaries public;7\n\nOfficers and employees of the General Assembly and persons employed to conduct temporary or special inquiries, investigations, or examinations on its behalf;8\n\nThe presidents and teaching and research staffs of state educational institutions;9\n\nCommissioned officers and enlisted personnel of the National Guard;10\n\nStudent employees at institutions of higher education and patient or inmate help in other state institutions;11\n\nUpon general or special authorization of the Governor, laborers, temporary employees, and employees compensated on an hourly or daily basis;12\n\nCounty, city, town, and district officers, deputies, assistants, and employees;13\n\nThe employees of the Virginia Workers’ Compensation Commission;14\n\nThe officers and employees of the Virginia Retirement System;15\n\nEmployees whose positions are identified by the State Council of Higher Education and the boards of the Virginia Museum of Fine Arts, The Science Museum of Virginia, the Jamestown-Yorktown Foundation, the Frontier Culture Museum of Virginia, the Virginia Museum of Natural History, the New College Institute, the Southern Virginia Higher Education Center, and The Library of Virginia, and approved by the Director of the Department of Human Resource Management as requiring specialized and professional training;16\n\nEmployees of the Virginia Lottery;17\n\nEmployees of the Department for the Blind and Vision Impaired’s rehabilitative manufacturing and service industries who have a human resources classification of industry worker;18\n\nEmployees of the Virginia Commonwealth University Health System Authority;19\n\nEmployees of the University of Virginia Medical Center. Any changes in compensation plans for such employees shall be subject to the review and approval of the Board of Visitors of the University of Virginia. The University of Virginia shall ensure that its procedures for hiring University of Virginia Medical Center personnel are based on merit and fitness. Such employees shall remain subject to the provisions of the State Grievance Procedure (§ 2.2-3000 et seq.);20\n\nIn executive branch agencies the employee who has accepted serving in the capacity of chief deputy, or equivalent, and the employee who has accepted serving in the capacity of a confidential assistant for policy or administration. An employee serving in either one of these two positions shall be deemed to serve on an employment-at-will basis. An agency may not exceed two employees who serve in this exempt capacity;21\n\nEmployees of Virginia Correctional Enterprises. Such employees shall remain subject to the provisions of the State Grievance Procedure (§ 2.2-3000 et seq.);22\n\nOfficers and employees of the Virginia Port Authority;23\n\nEmployees of the Commonwealth Savers Plan;24\n\nDirectors of state facilities operated by the Department of Behavioral Health and Developmental Services employed or reemployed by the Commissioner after July 1, 1999, under a contract pursuant to § 37.2-707. Such employees shall remain subject to the provisions of the State Grievance Procedure (§ 2.2-3000 et seq.);25\n\nEmployees of the Virginia Foundation for Healthy Youth. Such employees shall be treated as state employees for purposes of participation in the Virginia Retirement System, health insurance, and all other employee benefits offered by the Commonwealth to its classified employees;26\n\nEmployees of the Virginia Indigent Defense Commission;27\n\nAny chief of a campus police department that has been designated by the governing body of a public institution of higher education as exempt, pursuant to § 23.1-809;28\n\nThe Chief Executive Officer, agents, officers, and employees of the Virginia Alcoholic Beverage Control Authority; and29\n\nOfficers and employees of the Fort Monroe Authority.","order_by":null,"text":{"0":{"id":233779,"text":"The provisions of this chapter shall not apply to:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":233780,"text":"Officers and employees for whom the Constitution specifically directs the manner of selection;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":233781,"text":"Officers and employees of the Supreme Court and the Court of Appeals;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":233782,"text":"Officers appointed by the Governor, whether confirmation by the General Assembly or by either house thereof is required or not;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":233783,"text":"Officers elected by popular vote or by the General Assembly or either house thereof;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":233784,"text":"Members of boards and commissions however selected;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":233785,"text":"Judges, referees, receivers, arbiters, masters and commissioners in chancery, commissioners of accounts, and any other persons appointed by any court to exercise judicial functions, and jurors and notaries public;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":233786,"text":"Officers and employees of the General Assembly and persons employed to conduct temporary or special inquiries, investigations, or examinations on its behalf;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":233787,"text":"The presidents and teaching and research staffs of state educational institutions;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":233788,"text":"Commissioned officers and enlisted personnel of the National Guard;","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":233789,"text":"Student employees at institutions of higher education and patient or inmate help in other state institutions;","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":233790,"text":"Upon general or special authorization of the Governor, laborers, temporary employees, and employees compensated on an hourly or daily basis;","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":233791,"text":"County, city, town, and district officers, deputies, assistants, and employees;","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"13":{"id":233792,"text":"The employees of the Virginia Workers’ Compensation Commission;","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"14":{"id":233793,"text":"The officers and employees of the Virginia Retirement System;","type":"section","prefixes":["14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":1,"prior_prefix":"13","next_prefix":"15"},"15":{"id":233794,"text":"Employees whose positions are identified by the State Council of Higher Education and the boards of the Virginia Museum of Fine Arts, The Science Museum of Virginia, the Jamestown-Yorktown Foundation, the Frontier Culture Museum of Virginia, the Virginia Museum of Natural History, the New College Institute, the Southern Virginia Higher Education Center, and The Library of Virginia, and approved by the Director of the Department of Human Resource Management as requiring specialized and professional training;","type":"section","prefixes":["15"],"prefix":"15","entire_prefix":"15","prefix_anchor":"15","level":1,"prior_prefix":"14","next_prefix":"16"},"16":{"id":233795,"text":"Employees of the Virginia Lottery;","type":"section","prefixes":["16"],"prefix":"16","entire_prefix":"16","prefix_anchor":"16","level":1,"prior_prefix":"15","next_prefix":"17"},"17":{"id":233796,"text":"Employees of the Department for the Blind and Vision Impaired’s rehabilitative manufacturing and service industries who have a human resources classification of industry worker;","type":"section","prefixes":["17"],"prefix":"17","entire_prefix":"17","prefix_anchor":"17","level":1,"prior_prefix":"16","next_prefix":"18"},"18":{"id":233797,"text":"Employees of the Virginia Commonwealth University Health System Authority;","type":"section","prefixes":["18"],"prefix":"18","entire_prefix":"18","prefix_anchor":"18","level":1,"prior_prefix":"17","next_prefix":"19"},"19":{"id":233798,"text":"Employees of the University of Virginia Medical Center. Any changes in compensation plans for such employees shall be subject to the review and approval of the Board of Visitors of the University of Virginia. The University of Virginia shall ensure that its procedures for hiring University of Virginia Medical Center personnel are based on merit and fitness. Such employees shall remain subject to the provisions of the State Grievance Procedure (§ 2.2-3000 et seq.);","type":"section","prefixes":["19"],"prefix":"19","entire_prefix":"19","prefix_anchor":"19","level":1,"prior_prefix":"18","next_prefix":"20"},"20":{"id":233799,"text":"In executive branch agencies the employee who has accepted serving in the capacity of chief deputy, or equivalent, and the employee who has accepted serving in the capacity of a confidential assistant for policy or administration. An employee serving in either one of these two positions shall be deemed to serve on an employment-at-will basis. An agency may not exceed two employees who serve in this exempt capacity;","type":"section","prefixes":["20"],"prefix":"20","entire_prefix":"20","prefix_anchor":"20","level":1,"prior_prefix":"19","next_prefix":"21"},"21":{"id":233800,"text":"Employees of Virginia Correctional Enterprises. Such employees shall remain subject to the provisions of the State Grievance Procedure (§ 2.2-3000 et seq.);","type":"section","prefixes":["21"],"prefix":"21","entire_prefix":"21","prefix_anchor":"21","level":1,"prior_prefix":"20","next_prefix":"22"},"22":{"id":233801,"text":"Officers and employees of the Virginia Port Authority;","type":"section","prefixes":["22"],"prefix":"22","entire_prefix":"22","prefix_anchor":"22","level":1,"prior_prefix":"21","next_prefix":"23"},"23":{"id":233802,"text":"Employees of the Commonwealth Savers Plan;","type":"section","prefixes":["23"],"prefix":"23","entire_prefix":"23","prefix_anchor":"23","level":1,"prior_prefix":"22","next_prefix":"24"},"24":{"id":233803,"text":"Directors of state facilities operated by the Department of Behavioral Health and Developmental Services employed or reemployed by the Commissioner after July 1, 1999, under a contract pursuant to § 37.2-707. Such employees shall remain subject to the provisions of the State Grievance Procedure (§ 2.2-3000 et seq.);","type":"section","prefixes":["24"],"prefix":"24","entire_prefix":"24","prefix_anchor":"24","level":1,"prior_prefix":"23","next_prefix":"25"},"25":{"id":233804,"text":"Employees of the Virginia Foundation for Healthy Youth. Such employees shall be treated as state employees for purposes of participation in the Virginia Retirement System, health insurance, and all other employee benefits offered by the Commonwealth to its classified employees;","type":"section","prefixes":["25"],"prefix":"25","entire_prefix":"25","prefix_anchor":"25","level":1,"prior_prefix":"24","next_prefix":"26"},"26":{"id":233805,"text":"Employees of the Virginia Indigent Defense Commission;","type":"section","prefixes":["26"],"prefix":"26","entire_prefix":"26","prefix_anchor":"26","level":1,"prior_prefix":"25","next_prefix":"27"},"27":{"id":233806,"text":"Any chief of a campus police department that has been designated by the governing body of a public institution of higher education as exempt, pursuant to § 23.1-809;","type":"section","prefixes":["27"],"prefix":"27","entire_prefix":"27","prefix_anchor":"27","level":1,"prior_prefix":"26","next_prefix":"28"},"28":{"id":233807,"text":"The Chief Executive Officer, agents, officers, and employees of the Virginia Alcoholic Beverage Control Authority; and","type":"section","prefixes":["28"],"prefix":"28","entire_prefix":"28","prefix_anchor":"28","level":1,"prior_prefix":"27","next_prefix":"29"},"29":{"id":233808,"text":"Officers and employees of the Fort Monroe Authority.","type":"section","prefixes":["29"],"prefix":"29","entire_prefix":"29","prefix_anchor":"29","level":1,"prior_prefix":"28"}},"ancestry":[{"id":14043,"edition_id":1,"name":"Virginia Personnel Act","identifier":"29","label":"chapter","depth":4,"order_by":1,"parent_id":13049,"metadata":{},"date_created":"2026-06-26 03:46:41","date_modified":"2026-06-26 03:46:41","permalink":{"id":175913,"object_type":"structure","relational_id":14043,"identifier":"29","token":"2.2\/I\/E\/29","url":"\/2.2\/I\/E\/29\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13049,"edition_id":1,"name":"State Officers and Employees","identifier":"E","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":175733,"object_type":"structure","relational_id":13049,"identifier":"E","token":"2.2\/I\/E","url":"\/2.2\/I\/E\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65778,"structure_id":14043,"section_number":"2.2-2900","catch_line":"Short title; purpose","url":"\/2.2-2900\/","token":"2.2\/I\/E\/29\/2.2-2900","metadata":false},{"id":79041,"structure_id":14043,"section_number":"2.2-2901","catch_line":"Appointments, promotions and tenure based upon merit and fitness","url":"\/2.2-2901\/","token":"2.2\/I\/E\/29\/2.2-2901","metadata":false},{"id":80283,"structure_id":14043,"section_number":"2.2-2901.1","catch_line":"Employment discrimination prohibited","url":"\/2.2-2901.1\/","token":"2.2\/I\/E\/29\/2.2-2901.1","metadata":false},{"id":62402,"structure_id":14043,"section_number":"2.2-2902","catch_line":"Use of tobacco products by state employees","url":"\/2.2-2902\/","token":"2.2\/I\/E\/29\/2.2-2902","metadata":false},{"id":77507,"structure_id":14043,"section_number":"2.2-2902.1","catch_line":"Rights of state employees to contact elected officials","url":"\/2.2-2902.1\/","token":"2.2\/I\/E\/29\/2.2-2902.1","metadata":false},{"id":55137,"structure_id":14043,"section_number":"2.2-2903","catch_line":"Grade or rating increase and other preferences for veterans and their surviving spouses and children, and members of the National Guard","url":"\/2.2-2903\/","token":"2.2\/I\/E\/29\/2.2-2903","metadata":false},{"id":57325,"structure_id":14043,"section_number":"2.2-2903.1","catch_line":"State employees ordered to active military service","url":"\/2.2-2903.1\/","token":"2.2\/I\/E\/29\/2.2-2903.1","metadata":false},{"id":83155,"structure_id":14043,"section_number":"2.2-2904","catch_line":"Classification of persons who have passed certified professional secretary examination","url":"\/2.2-2904\/","token":"2.2\/I\/E\/29\/2.2-2904","metadata":false},{"id":64223,"structure_id":14043,"section_number":"2.2-2905","catch_line":"Certain officers and employees exempt from chapter","url":"\/2.2-2905\/","token":"2.2\/I\/E\/29\/2.2-2905","metadata":false}],"previous_section":{"id":83155,"structure_id":14043,"section_number":"2.2-2904","catch_line":"Classification of persons who have passed certified professional secretary examination","url":"\/2.2-2904\/","token":"2.2\/I\/E\/29\/2.2-2904","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-2905\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 28 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1966, chapter 677; in 1973, chapter 401; in 1981, chapter 8; in 1982, chapter 582; in 1984, chapters 290 and 703; in 1985, chapter 596; in 1987, chapter 531; in 1989, chapter 560; in 1990, chapter 937; in 1993, chapter 510; in 1994, chapters 48<\/a>, 64<\/a>, and 653<\/a>; in 1995, chapter 757<\/a>; in 1996, chapters 53<\/a>, 905<\/a>, 933<\/a>, 995<\/a>, and 1046<\/a>; in 1997, chapters 232<\/a>, 711<\/a>, 785<\/a>, and 861<\/a>; in 1999, chapter 576<\/a>; in 2000, chapters 66<\/a>, 382<\/a>, 400<\/a>, 657<\/a>, and 720<\/a>; in 2001, chapter 844<\/a>; in 2002, chapters 271<\/a> and 572<\/a>; in 2003, chapter 652<\/a>; in 2005, chapter 716<\/a>; in 2007, chapter 192<\/a>; in 2009, chapters 424<\/a>, 554<\/a>, 589<\/a>, 596<\/a>, 813<\/a>, and 840<\/a>; in 2013, chapter 571<\/a>; in 2014, chapter 225<\/a>; in 2015, chapters 38<\/a>, 221<\/a>, and 730<\/a>; in 2018, chapter 184<\/a>; in 2020, chapters 269<\/a> and 800<\/a>; in 2024, chapter 217<\/a>.<\/p>","references":[{"id":64889,"section_number":"2.2-3002","catch_line":"Exemptions from chapter","order_by":null,"url":"\/2.2-3002\/"},{"id":54108,"section_number":"2.2-3202","catch_line":"Eligibility for transitional severance benefit","order_by":null,"url":"\/2.2-3202\/"},{"id":84746,"section_number":"23.1-1000","catch_line":"Definitions","order_by":null,"url":"\/23.1-1000\/"},{"id":64805,"section_number":"23.1-3218","catch_line":"Powers of the board","order_by":null,"url":"\/23.1-3218\/"},{"id":70940,"section_number":"51.1-126.1","catch_line":"Certain employees of teaching hospitals","order_by":null,"url":"\/51.1-126.1\/"},{"id":70111,"section_number":"51.1-126.5","catch_line":"Defined contribution plan for eligible members","order_by":null,"url":"\/51.1-126.5\/"},{"id":61992,"section_number":"51.1-155.1","catch_line":"Exceptions from general early retirement provisions for certain state employees and constitutional officers","order_by":null,"url":"\/51.1-155.1\/"},{"id":83648,"section_number":"51.1-502.1","catch_line":"Certain employees of teaching hospitals","order_by":null,"url":"\/51.1-502.1\/"},{"id":60004,"section_number":"52-6.1","catch_line":"Appointment of supervisory officers","order_by":null,"url":"\/52-6.1\/"}],"refers_to":[{"id":75224,"section_number":"2.2-3000","catch_line":"Policy of the Commonwealth; responsibilities of state agencies under this chapter","order_by":null,"url":"\/2.2-3000\/"},{"id":60667,"section_number":"23.1-809","catch_line":"Public institutions of higher education; establishment of campus police departments authorized; employment of officers","order_by":null,"url":"\/23.1-809\/"},{"id":81649,"section_number":"37.2-707","catch_line":"Employment and qualifications of directors of state facilities","order_by":null,"url":"\/37.2-707\/"}],"permalink":{"id":175947,"object_type":"law","relational_id":64223,"identifier":"2.2-2905","token":"2.2\/I\/E\/29\/2.2-2905","url":"\/2.2-2905\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-2905\/","token":"2.2\/I\/E\/29\/2.2-2905","dublin_core":{"Title":"Certain officers and employees exempt from chapter","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-2905","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The provisions of this chapter shall not apply to:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Officers and employees for whom the Constitution specifically directs the manner of selection; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Officers and employees of the Supreme Court<\/span> and the Court<\/span> of Appeals<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Officers appointed by the Governor, whether confirmation by the General Assembly or by either house thereof is required or not; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Officers elected by popular vote or by the General Assembly or either house thereof; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Members of boards and commissions however selected; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Judges<\/span>, referees, receivers, arbiters, masters and commissioners in chancery<\/span>, commissioners of accounts, and any other persons appointed by any court<\/span> to exercise judicial functions, and jurors and notaries public; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Officers and employees of the General Assembly and persons employed to conduct temporary or special inquiries, investigations, or examinations on its behalf; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The presidents and teaching and research staffs of state educational institutions; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Commissioned officers and enlisted personnel of the National Guard; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Student employees at institutions of higher education and patient or inmate help in other state institutions; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Upon general or special authorization of the Governor, laborers, temporary employees, and employees compensated on an hourly or daily basis; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> County, city, town, and district officers, deputies, assistants, and employees; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> The employees of the Virginia Workers’ Compensation Commission; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> The officers and employees of the Virginia Retirement System; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Employees whose positions are identified by the State Council of Higher Education and the boards of the Virginia Museum of Fine Arts, The Science Museum of Virginia, the Jamestown-Yorktown Foundation, the Frontier Culture Museum of Virginia, the Virginia Museum of Natural History, the New College Institute, the Southern Virginia Higher Education Center, and The Library of Virginia, and approved by the Director of the Department of Human Resource Management as requiring specialized and professional training; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Employees of the Virginia Lottery; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> Employees of the Department for the Blind and Vision Impaired’s rehabilitative manufacturing and service industries who have a human resources classification of industry worker; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> Employees of the Virginia Commonwealth University Health System Authority; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> Employees of the University of Virginia Medical Center. Any changes in compensation plans for such employees shall be subject to the review and approval of the Board of Visitors of the University of Virginia. The University of Virginia shall ensure that its procedures for hiring University of Virginia Medical Center personnel are based on merit and fitness. Such employees shall remain subject to the provisions of the State Grievance Procedure (§ 2.2-3000<\/a> et seq.); <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

20.<\/span> In executive branch agencies the employee who has accepted serving in the capacity of chief deputy, or equivalent, and the employee who has accepted serving in the capacity of a confidential assistant for policy or administration. An employee serving in either one of these two positions shall be deemed to serve on an employment-at-will basis. An agency may not exceed two employees who serve in this exempt capacity; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

21.<\/span> Employees of Virginia Correctional Enterprises. Such employees shall remain subject to the provisions of the State Grievance Procedure (§ 2.2-3000<\/a> et seq.); <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

22.<\/span> Officers and employees of the Virginia Port Authority; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

23.<\/span> Employees of the Commonwealth Savers Plan; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

24.<\/span> Directors of state facilities operated by the Department of Behavioral Health and Developmental Services employed or reemployed by the Commissioner after July 1, 1999, under a contract<\/span> pursuant to § 37.2-707<\/a>. Such employees shall remain subject to the provisions of the State Grievance Procedure (§ 2.2-3000<\/a> et seq.); <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

25.<\/span> Employees of the Virginia Foundation for Healthy Youth. Such employees shall be treated as state employees for purposes of participation in the Virginia Retirement System, health insurance, and all other employee benefits offered by the Commonwealth to its classified employees; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

26.<\/span> Employees of the Virginia Indigent<\/span> Defense Commission; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

27.<\/span> Any chief of a campus police department that has been designated by the governing body of a public institution of higher education as exempt, pursuant to § 23.1-809<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

28.<\/span> The Chief Executive Officer, agents, officers, and employees of the Virginia Alcoholic Beverage Control Authority; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

29.<\/span> Officers and employees of the Fort Monroe Authority. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN OFFICERS AND EMPLOYEES EXEMPT FROM CHAPTER (\u00a7 2.2-2905)\n\nThe provisions of this chapter shall not apply to:\n\n1. Officers and employees for whom the Constitution specifically directs the\nmanner of selection;\n\n2. Officers and employees of the Supreme Court and the Court of Appeals;\n\n3. Officers appointed by the Governor, whether confirmation by the General\nAssembly or by either house thereof is required or not;\n\n4. Officers elected by popular vote or by the General Assembly or either house\nthereof;\n\n5. Members of boards and commissions however selected;\n\n6. Judges, referees, receivers, arbiters, masters and commissioners in chancery,\ncommissioners of accounts, and any other persons appointed by any court to\nexercise judicial functions, and jurors and notaries public;\n\n7. Officers and employees of the General Assembly and persons employed to\nconduct temporary or special inquiries, investigations, or examinations on its\nbehalf;\n\n8. The presidents and teaching and research staffs of state educational\ninstitutions;\n\n9. Commissioned officers and enlisted personnel of the National Guard;\n\n10. Student employees at institutions of higher education and patient or inmate\nhelp in other state institutions;\n\n11. Upon general or special authorization of the Governor, laborers, temporary\nemployees, and employees compensated on an hourly or daily basis;\n\n12. County, city, town, and district officers, deputies, assistants, and\nemployees;\n\n13. The employees of the Virginia Workers’ Compensation Commission;\n\n14. The officers and employees of the Virginia Retirement System;\n\n15. Employees whose positions are identified by the State Council of Higher\nEducation and the boards of the Virginia Museum of Fine Arts, The Science Museum\nof Virginia, the Jamestown-Yorktown Foundation, the Frontier Culture Museum of\nVirginia, the Virginia Museum of Natural History, the New College Institute, the\nSouthern Virginia Higher Education Center, and The Library of Virginia, and\napproved by the Director of the Department of Human Resource Management as\nrequiring specialized and professional training;\n\n16. Employees of the Virginia Lottery;\n\n17. Employees of the Department for the Blind and Vision Impaired’s\nrehabilitative manufacturing and service industries who have a human resources\nclassification of industry worker;\n\n18. Employees of the Virginia Commonwealth University Health System Authority;\n\n19. Employees of the University of Virginia Medical Center. Any changes in\ncompensation plans for such employees shall be subject to the review and\napproval of the Board of Visitors of the University of Virginia. The University\nof Virginia shall ensure that its procedures for hiring University of Virginia\nMedical Center personnel are based on merit and fitness. Such employees shall\nremain subject to the provisions of the State Grievance Procedure (§\n2.2-3000 et seq.);\n\n20. In executive branch agencies the employee who has accepted serving in the\ncapacity of chief deputy, or equivalent, and the employee who has accepted\nserving in the capacity of a confidential assistant for policy or\nadministration. An employee serving in either one of these two positions shall\nbe deemed to serve on an employment-at-will basis. An agency may not exceed two\nemployees who serve in this exempt capacity;\n\n21. Employees of Virginia Correctional Enterprises. Such employees shall remain\nsubject to the provisions of the State Grievance Procedure (§ 2.2-3000 et\nseq.);\n\n22. Officers and employees of the Virginia Port Authority;\n\n23. Employees of the Commonwealth Savers Plan;\n\n24. Directors of state facilities operated by the Department of Behavioral\nHealth and Developmental Services employed or reemployed by the Commissioner\nafter July 1, 1999, under a contract pursuant to § 37.2-707. Such employees\nshall remain subject to the provisions of the State Grievance Procedure (§\n2.2-3000 et seq.);\n\n25. Employees of the Virginia Foundation for Healthy Youth. Such employees shall\nbe treated as state employees for purposes of participation in the Virginia\nRetirement System, health insurance, and all other employee benefits offered by\nthe Commonwealth to its classified employees;\n\n26. Employees of the Virginia Indigent Defense Commission;\n\n27. Any chief of a campus police department that has been designated by the\ngoverning body of a public institution of higher education as exempt, pursuant\nto § 23.1-809;\n\n28. The Chief Executive Officer, agents, officers, and employees of the Virginia\nAlcoholic Beverage Control Authority; and\n\n29. Officers and employees of the Fort Monroe Authority.\n\nHISTORY: Code 1950, \u00a7 2-84; 1966, c. 677, \u00a7 2.1-116; 1973, c. 401; 1981, c. 8;\n1982, c. 582; 1984, cc. 290, 703; 1985, c. 596; 1987, c. 531; 1989, c. 560;\n1990, c. 937; 1992, Sp. Sess., c. 5; 1993, c. 510; 1994, cc. 48, 64, 653; 1995,\nc. 757; 1996, cc. 53, 905, 933, 995, 1046; 1997, cc. 232, 711, 785, 861; 1999,\nc. 576; 2000, cc. 66, 382, 400, 657, 720; 2001, c. 844; 2002, cc. 271, 572;\n2003, c. 652; 2005, c. 716; 2007, c. 192; 2009, cc. 424, 554, 589, 596, 813,\n840; 2013, c. 571; 2014, c. 225; 2015, cc. 38, 221, 730; 2018, c. 184; 2020, cc.\n269, 800; 2024, c. 217.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}