1. 1
Prepared by Human Resources
December 2011
Merit vs. Merit Exempt StatusMerit vs. Merit Exempt Status
SurveySurvey

2. 2
 Surveyed 8 jurisdictions:
◦ 5 local (City of Atlanta, Cobb, Fulton, Gwinnett Counties and the State of
Georgia)
◦ 3 non-local (Jefferson County, Alabama; Mecklenburg County, North
Carolina; Fairfax County, Virginia)
 Selections based on size, function, and population served
 All asked the same questions
22

3. 3
DeKalb County CodeDeKalb County Code
All positions, other than those exempt positions under this chapter or law, shall be
filled only in accordance with this chapter. All departments under the merit system, as
provided herein, shall administer their personnel in accordance with this chapter. All
positions, except those listed as exempt, shall be collectively known as the classified
service. Nothing in this chapter shall be construed to conflict with any state law or
regulation that provides additional qualifications, duties or compensation levels of any
employee who is also subject to the provisions of this chapter.
(Chapter 20, Article I, Section 20-3)
3

4. 4
Jurisdictions DeKalb County City of Atlanta Cobb County Fulton County
Gwinnett
County
State of Georgia
Jefferson
County,
Alabama
Mecklenburg
County, North
Carolina
Fairfax County,
Virginia
Survey Questions
Are employees
merit-protected
and/or merit-
exempt?
Both Both Both Both Both Both…vacant
positions were
changed in 1996
from classified to
unclassified, only
a few incumbents
remain classified.
Both Neither, they do
not classify
employees as
merit or merit
exempt.
Both
What does merit
protected status
mean for your
employees?
The right to appeal
to the Merit
System.
The right to appeal /
Civil Service Board
hearing for adverse
action.
The right to appeal
before the Civil
Service Board.
Employee is
protected under the
Fulton County
Civil Service Act
has the right to
appeal before the
Civil Service
Board.
The right to
appeal to the
Gwinnett County
Merit System
Board.
The right to
appeal to the
Office of State
Administrative
Hearings.
Employees are
governed by the
Personnel Board
and are granted
appeal rights
N/A…county
policy offers
appeal rights for
to all county
employees.
The right to appeal
to the Merit System
Board.
What does merit-
exempt status mean
for your employees?
Employees are at-
will
Follows the tenets of
Georgia being an at-will
state.
Employee does not
have appeal
rights…completely
at will
Employees are
granted appeal
rights through the
employee
Grievance
Committee
Employees are at-
will and do not
have appeal rights
Employees are at-
will and do not
have appeal rights
Employees are at-
will, however
they may have
appeal rights
within their
system i.e.
department head
N/A…county
policy offers
appeal rights for
to all county
employees.
Employees serve at
the pleasure of the
appointing
authority and have
no appeal rights.
What positions are
merit-exempt
Directors, Courts
excluding Juvenile
and Recorder’s,
Elected and
Appointed officials
and their respective
offices.
Holding for a response Management level
and higher, Judges
and their personnel
staff, Elected and
Appointed officials
and their respective
offices
Management level
and higher,
Appointed and
Elected officials
and some of there
respective staff.
Elected and
Appointed
Officials and their
respective offices,
Judges and their
personnel staff.
All positions as
of July 1, 1996
Management
level and higher,
Courts, Elected
and Appointed
Officials and
respective offices
N/A Based on
Department needs.
How is merit and
merit-exempt status
determined?
By the Code of
DeKalb County
Typically determined by
pay-grade. Status can
also be determined by
office i.e. Executive,
Judicial Law
By department and
position/pay grade.
By pay grade based
on a study that was
done.
Classification and
department
N/A Classification /
pay grade and
department
N/A Based on
Department needs.
Are Recorders
Court and Juvenile
Court merit-
exempt?
No Holding for a response Yes Some positions are
and they are based
on pay grade DBM
D61 & above are
exempt.
Only supervisor
positions and
higher.
Yes No, only
appointed and
elected officials
are merit exempt.
N/A, Courts fall
under the State of
NC.
Yes
4

5. 5
Jurisdictions DeKalb County City of Atlanta Cobb County Fulton County Gwinnett County State of Georgia
Jefferson
County,
Alabama
Mecklenburg
County, North
Carolina
Fairfax County,
Virginia
Survey Questions
Who determines
merit status?
The Board of
Commissioners
Atlanta City Code The Civil Service
Board
The Board of
Commissioners
Elected officials can
make that
determination for
their dept. otherwise
status is determined
by the Board of
Commissioners
Collaboration
between the State
Personnel Board,
Office of Planning
& Budget,
Legislation and the
Governor.
The Personnel
Board of
Jefferson
County.
N/A By the departments,
the Department of
Management &
Budget based on
department needs
Are merit-exempt
positions recruited
the same as merit?
No, exempt
departments recruit
for their positions.
HR is not involved.
Yes, however more
specialized
recruitment may be
necessary for hard
to fill jobs.
Yes Yes Yes Yes No, the exempt
departments
recruit for their
positions.
N/A No, exempt positions
may or may not be
recruited for by HR at
the discretion of that
department.
Can anyone be
appointed to a
merit-exempt
position?
Yes Yes Yes, only if the
position is an
appointed
position.
Yes. Yes Yes Yes N/A Yes
Can merit-exempt
positions be filled
by someone who
does not meet the
minimum
qualifications?
Yes No No No No No No N/A Yes
When changes in
administration are
made, do merit-
exempt employees
change?
Yes, at the
discretion of the
department head.
Depending on the
administration, yes.
It is usually
department heads
and directors
Changes can be
made but is
subject to
approval by the
BOC
Changes can be
made but have to
be approved by the
Personnel Director
and County
Manager
Yes, elected officials
determine their
employees status and
that can change with
administration
Changes can occur
in some areas,
usually at a
directors level
which may or may
not effect staff
Yes, usually at
the Director,
Deputy Director
and Assistant
Director levels
N/A No, staff remains the
same until voluntarily
vacated or vacated for
termination.
How did you
transition positions
and incumbents
from merit to merit-
exempt?
N/A Any position pay
grade 19 or above
was automatically
exempt.
Incumbents were
not grandfathered
in. If an employee
is promoted to a
different position,
their status
changed
Positions became
exempt once
vacated.
Incumbents
maintained status
until they applied
and were selected
for an exempt
position.
Standard adopted
in ‘96, amended
in ‘00
Positions became
exempt once
vacated.
Incumbents
maintained status
until they applied
and were selected
for an exempt
position.
Transitioned
9/20/2000
No transition made,
only Elected and
Appointed Officials
are merit-exempt.
Positions became
exempt once
vacated.
Incumbents
maintained status
until they applied
and were selected
for an exempt
position.
Transitioned
7/1/1996
Positions
became exempt
once vacated.
Incumbents
maintained
status until they
applied and
were selected
for an exempt
position.
Currently
transitioning.
N/A Positions became
exempt once vacated.
Incumbents
maintained status until
they applied and were
selected for exempt
position. Transition
dates depend on when
a request is made…no
set time, based on
dept. needs.
5

6. 6
Summary of FindingsSummary of Findings
 7 out of 8 jurisdictions surveyed maintain both merit and merit-exempt status employees and/or
positions (Mecklenburg County, NC is the exception)
 Merit-Exempt Status begins with management level positions in Cobb, Fulton, and Jefferson
Counties (looking at their pay book, it appears to be high level management classifications)
 Appointed and Elected officials and their respective staff are Merit-Exempt
 Merit-Exempt status is determined by classification/pay grade in City of Atlanta, Cobb, Fulton
and Jefferson Counties
 Cobb County and the State of GA have full merit-exempt staff in Juvenile and Recorder’s Court.
 Recruitment is the same for merit-exempt vacancies (exception in Jefferson and Fairfax
Counties)
 In 7 out of 8 jurisdictions, incumbents maintain protected status until recruited and selected for
an exempt position (N/A in Mecklenburg County, NC)
 Positions are transitioned to exempt status once vacated (N/A in Mecklenburg County NC)

7. 7
HR OptionsHR Options
Option 1
Maintain current designation of Merit-Exempt Departments and Classifications with
the exception of Recorder’s Court (and Juvenile Court?)
Option 2
Amend the Code of DeKalb County to include all department heads and Recorder’s
Court (and Juvenile Court?) as Merit-Exempt
Option 3
Amend the Code of DeKalb County to include all management level classifications
and Recorder’s Court (and Juvenile Court?) as Merit-Exempt

8. 88
Recommendation:
Human Resources (HR) recommends maintaining current designation of merit and
merit-exempt departments with the exception of Recorder’s Court.
Exception all courts, or Recorder’s and Juvenile??
Basis for Recommendation:
To maintain consistency in recruiting, DeKalb County has established guidelines
outlined in the Code of DeKalb County. Maintaining the current merit-status
designation will allow employees of these departments to be recruited and governed
in a fair and consistent manner. Merit-exempt departments are those where the
department head is elected and/or appointed, in which case exemption should be
applied due to the function of the department.
Based on the data collected through surveys, 7 of the 8 jurisdictions have both merit
and merit-exempt status. Designation of status is based on either classification, pay
grade or department. However, previous research revealed that the courts are
designated as merit exempt regardless of pay grade.