(a) In this title, “contractual employee” means an individual:
(1) who, under a written agreement, provides temporary personal services to the State for pay;
(2) who is not employed in a budgeted position; and
(3) who has an employer-employee relationship with the State in which the State:
(i) furnishes necessary tools and a place to work;
(ii) has the right to control and direct the details, means, and results of the performance of the services; and
(iii) has the right to discharge the individual from employment.
(b) “Contractual employee” does not include an individual who is employed as:
(1) an employee in the:
(i) skilled service;
(ii) professional service;
(iii) management service; or
(iv) executive service; or
(2) an emergency employee.