(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.