§ 42. Non-competitive class. 1. The non-competitive class shall
include all positions that are not in the exempt class or the labor
class and for which it is found by the commission having jurisdiction to
be not practicable to ascertain the merit and fitness of applicants by
competitive examination. Appointments to positions in the
non-competitive class shall be made after such non-competitive
examination as is prescribed by the state civil service department or
municipal commission having jurisdiction. No position shall be deemed
to be in the non-competitive class unless it is specifically named in
such class in the rules. Not more than one appointment shall be made to
or under the title of any office or position placed in the
non-competitive class pursuant to the provisions of this section, unless
a different or an unlimited number is specifically prescribed in the
rules.

2. With respect to civil divisions of the state whose populations,
according to the latest federal decennial census or latest federal
special population census, are less than five thousand and, with respect
to those civil divisions whose populations are not determined as such by
the federal bureau of the census, whose populations are estimated by
their respective governing bodies to be less than five thousand, the
state commission shall, on or before July first, nineteen hundred
sixty-one, promulgate standards for determining the practicality of
examination, which it may from time to time thereafter amend, and shall
also provide information and advice to municipal commissions, to enable
such commissions to utilize the provisions of this section, when
appropriate, in order to enable such civil subdivisions to recruit and
retain in their employ competent and qualified persons.

2-a. The state or municipal civil service commission by appropriate
amendments to its rules shall designate among positions in the
non-competitive class in its jurisdiction those positions which are
confidential or require the performance of functions influencing policy.