§ 41. Exempt class. 1. The following offices and positions shall be in
the exempt class:

(a) one secretary of each state department or division, temporary
state commission or other state officer authorized by law to appoint a
secretary;

(b) the deputies of principal executive officers authorized by law to
act generally for and in place of their principals;

(c) one secretary of each municipal board or commission authorized by
law to appoint a secretary;

(d) one clerk and one deputy clerk if authorized by law, of each
court, and one clerk of each elective judicial officer, and also one
deputy clerk, if authorized by law, of any justice of the supreme court;

(e) all other subordinate offices or positions for the filling of
which competitive or non-competitive examination may be found to be not
practicable. Not more than one appointment shall be made to or under the
title of any office or position placed in the exempt class pursuant to
the provisions of this paragraph, unless a different number is
specifically prescribed in the rules.

2. No office or position shall be deemed to be in the exempt class
unless it is specifically named in such class in the rules. Upon the
occurrence of a vacancy in any position in the exempt class, the state
or municipal civil service commission having jurisdiction shall study
and evaluate such position and, within four months after the occurrence
of such vacancy, shall determine whether such position, as then
constituted, is properly classified in the exempt class. Pending such
determination, said position shall not be filled, except on a temporary
basis.