Addition to the Shakman Exempt List

Chapter VIII.B of the City Hiring Plan requires, “written notice of any proposed addition to or deletion from the Exempt List shall be submitted to the DHR [Deparment of Human Resources] Commissioner with supporting information, including but not limited to, the (1) class of the Exempt position, and (2) a description of the basis on which the Exempt status of the Position should be changed. Copies shall simultaneously be provided to IGO [Office of Inspector General] Hiring Oversight. If a proposed addition to the Exempt List involves adding a Class not previously included on the Exempt List, the class must meet the requirements for exempt status under applicable law. The DHR Commissioner will respond with his or her approval or denial (including the reasons for the approval or denial) within 30 days and copy IGO Hiring Oversight on the response. If IGO Hiring Oversight disagrees with the DHR Commissioner’s decision, it may submit a written objection to the DHR Commissioner, who must respond within ten days. The DHR Commissioner’s initial justification for the decision, IGO Hiring Oversight’s objection, the DHR Commissioner’s response to IGO Hiring Oversight’s objection, and the DHR Commissioner’s final decision shall be posted on the IGO’s website.”

On January 29, 2021, the Department of Finance (DOF) Commissioner submitted a request to the Department of Human Resources requesting that the Risk Manager position within DOF be classified as a Shakman Exempt. DHR provided OIG’s Compliance section with DOF’s request on February 23, 2021. On March 19, 2021, OIG received DHR’s approval to add the position of the Risk Manager to the City’s Shakman Exempt List; OIG did not have any objections.  

OIG’s Compliance section received the DHR Commissioner’s approval to add a new position, Director of Workers’ Compensation, to Schedule C of the Shakman Exempt List. OIG did not receive the May 1, 2020, memo until May 28, 2020, and likewise did not receive DOF’s initial request to add the position, as indicated in the policy. We raised objections at that time, to which the DHR Commissioner provided a response including an explanation of the justification and a copy of the job description. Based on the information provided, OIG did not have any further objections to the addition of Director of Workers’ Compensation to the Shakman Exempt List.

View the Shakman Exempt Employees Dashboard on OIG’s Information Portal to see data about these positions, including departments, locations, and demographics.