# Tenn. Code Ann. § 8-30-202: Executive service positions - Preferred service positions - Determination of equivalent positions > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C30_S8-30-202 ## Section - **Citation:** Tenn. Code Ann. § 8-30-202 - **Heading:** Executive service positions - Preferred service positions - Determination of equivalent positions - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 8 / Chapter 30 / Section 8-30-202 ## Text (a) The following positions shall be executive service positions: (1) Any officer or employee appointed by the governor and all positions in the governor's office; (2) Any deputy commissioner or equivalent authority in each department or state agency; (3) Any assistant commissioner or equivalent authority in each department or state agency; (4) Wardens and directors of correctional facilities identified in title 41 and chief officers of mental health institutes or developmental centers identified in title 33; (5) The head of a division or major unit within a state agency or a regional director or manager for a state agency, regardless of the title of the position, who, as a substantial part of the position's duties, provides meaningful input on: (A) The development of policy goals; or (B) The implementation of policy; (6) The highest ranking employee of a state agency who has a primary responsibility for one (1) or more of the following functions: (A) Public information and legislative affairs; (B) Fiscal, budget and audit matters; (C) Security or internal affairs; (D) Information technology systems; and (E) Human resources; (7) A clinical director, medical director, or other licensed physician; (8) A licensed attorney engaged in the practice of law and representing the state in such capacity; (9) Any position serving in a confidential capacity to a commissioner, deputy commissioner, assistant commissioner or equivalent authority; and (10) An employee of the department of mental health and substance abuse services who is a psychiatric hospital assistant superintendent, psychiatric hospital administrator, or psychiatric hospital nurse executive. (b) An employee in the executive service is an employee at will and serves at the pleasure of the employee's appointing authority. (c) All other full-time positions in state service shall be in the preferred service. (d) An employee becomes a member of the preferred service upon successful completion of the probationary period under this chapter. (e) Preferred service employees include any commissioned member of the department of safety, below the rank of captain, serving in the capacity of executive security, who has been so certified by the commissioner of safety to the commissioner of human resources. (f) The commissioner shall determine equivalent levels for the purpose of assigning positions not specifically addressed in subsection (a) to the preferred or executive service. Such determination may be based on duties, responsibilities and reporting relationships and shall not be subject to review through any procedure. However, within any department, implementation of this provision shall not jeopardize federal funding resources. Amended by 2020 Tenn. Acts, ch. 623, Secs.s2, s3 eff. 7/1/2020. Amended by 2020 Tenn. Acts, ch. 623, s 1, eff. 7/1/2020. Acts 2012 , ch. 800, § 11. etermination may be based on duties, responsibilities and reporting relationships and shall not be subject to review through any procedure. However, within any department, implementation of this provision shall not jeopardize federal funding resources. Amended by 2020 Tenn. Acts, ch. 623, Secs.s2, s3 eff. 7/1/2020. Amended by 2020 Tenn. Acts, ch. 623, s 1, eff. 7/1/2020. Acts 2012 , ch. 800, § 11. (a) The following positions shall be executive service positions: (1) Any officer or employee appointed by the governor and all positions in the governor's office; (2) Any deputy commissioner or equivalent authority in each department or state agency; (3) Any assistant commissioner or equivalent authority in each department or state agency; (4) Wardens and directors of correctional facilities identified in title 41 and chief officers of mental health institutes or developmental centers identified in title 33; (5) The head of a division or major unit within a state agency or a regional director or manager for a state agency, regardless of the title of the position, who, as a substantial part of the position's duties, provides meaningful input on: (A) The development of policy goals; or (B) The implementation of policy; (6) The highest ranking employee of a state agency who has a primary responsibility for one (1) or more of the following functions: (A) Public information and legislative affairs; (B) Fiscal, budget and audit matters; (C) Security or internal affairs; (D) Information technology systems; and (E) Human resources; (7) A clinical director, medical director, or other licensed physician; (8) A licensed attorney engaged in the practice of law and representing the state in such capacity; (9) Any position serving in a confidential capacity to a commissioner, deputy commissioner, assistant commissioner or equivalent authority; and (10) An employee of the department of mental health and substance abuse services who is a psychiatric hospital assistant superintendent, psychiatric hospital administrator, or psychiatric hospital nurse executive. (1) Any officer or employee appointed by the governor and all positions in the governor's office; (2) Any deputy commissioner or equivalent authority in each department or state agency; (3) Any assistant commissioner or equivalent authority in each department or state agency; (4) Wardens and directors of correctional facilities identified in title 41 and chief officers of mental health institutes or developmental centers identified in title 33; (5) The head of a division or major unit within a state agency or a regional director or manager for a state agency, regardless of the title of the position, who, as a substantial part of the position's duties, provides meaningful input on: (A) The development of policy goals; or (B) The implementation of policy; (A) The development of policy goals; or (B) The implementation of policy; (6) The highest ranking employee of a state agency who has a primary responsibility for one (1) or more of the following functions: (A) Public information and legislative affairs; (B) Fiscal, budget and audit matters; (C) Security or internal affairs; (D) Information technology systems; and (E) Human resources; (A) Public information and legislative affairs; (B) Fiscal, budget and audit matters; (C) Security or internal affairs; (D) Information technology systems; and (E) Human resources; (7) A clinical director, medical director, or other licensed physician; (8) A licensed attorney engaged in the practice of law and representing the state in such capacity; (9) Any position serving in a confidential capacity to a commissioner, deputy commissioner, assistant commissioner or equivalent authority; and (10) An employee of the department of mental health and substance abuse services who is a psychiatric hospital assistant superintendent, psychiatric hospital administrator, or psychiatric hospital nurse executive. d representing the state in such capacity; (9) Any position serving in a confidential capacity to a commissioner, deputy commissioner, assistant commissioner or equivalent authority; and (10) An employee of the department of mental health and substance abuse services who is a psychiatric hospital assistant superintendent, psychiatric hospital administrator, or psychiatric hospital nurse executive. (b) An employee in the executive service is an employee at will and serves at the pleasure of the employee's appointing authority. (c) All other full-time positions in state service shall be in the preferred service. (d) An employee becomes a member of the preferred service upon successful completion of the probationary period under this chapter. (e) Preferred service employees include any commissioned member of the department of safety, below the rank of captain, serving in the capacity of executive security, who has been so certified by the commissioner of safety to the commissioner of human resources. (f) The commissioner shall determine equivalent levels for the purpose of assigning positions not specifically addressed in subsection (a) to the preferred or executive service. Such determination may be based on duties, responsibilities and reporting relationships and shall not be subject to review through any procedure. However, within any department, implementation of this provision shall not jeopardize federal funding resources. Amended by 2020 Tenn. Acts, ch. 623, Secs.s2, s3 eff. 7/1/2020. Amended by 2020 Tenn. Acts, ch. 623, s 1, eff. 7/1/2020. Acts 2012 , ch. 800, § 11. ## Nearby sections - [Tenn. Code Ann. § 8-30-101 Purpose - Policy - Construction - Governance](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C30_S8-30-101.md) - [Tenn. Code Ann. § 8-30-102 Application of chapter](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C30_S8-30-102.md) - [Tenn. Code Ann. § 8-30-103 Chapter definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C30_S8-30-103.md) - [Tenn. Code Ann. § 8-30-104 Authority of commissioner - Supervisory personnel - Designees](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C30_S8-30-104.md) - [Tenn. Code Ann. § 8-30-105 Rules have force and effect of law](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C30_S8-30-105.md) - [Tenn. Code Ann. § 8-30-106 Powers of department](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C30_S8-30-106.md) - [Tenn. Code Ann. § 8-30-107 Compliance with chapter - Penalty](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C30_S8-30-107.md) - [Tenn. Code Ann. § 8-30-108 Board of appeals](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C30_S8-30-108.md) - [Tenn. Code Ann. § 8-30-201 Division of state service into preferred service and executive service](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C30_S8-30-201.md) - [Tenn. Code Ann. § 8-30-202 Executive service positions - Preferred service positions - Determination of equivalent positions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C30_S8-30-202.md) - [Tenn. Code Ann. § 8-30-203 Determination of authority, duties and responsibilities of state preferred service positions - Classification plan - Role of commissioner - Statement of minimum qualifications - Upgrades in classification plan](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C30_S8-30-203.md) - [Tenn. Code Ann. § 8-30-204 Commissioner approval for establishing new preferred service position or making material change](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C30_S8-30-204.md) - [Tenn. Code Ann. § 8-30-205 Changes in classification plan](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C30_S8-30-205.md) - [Tenn. Code Ann. § 8-30-206 Approval required for classification title - Use of working job titles](https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C30_S8-30-206.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T8_C30_S8-30-202. Check the current official text before relying on it. Not legal advice.