Section 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.