Whether the exception to First Amendment protections for public employees applies based on the actual work performed or the written job description

QUESTION PRESENTED : In determining whether or not the exception to First Amendment protections for public employees as set forth by this Court in Elrod v. Burns, 427 U.S. 847 (1976) and Branti v. Finkel, 445 U.S. 507 (1980) applies, should the lower courts make their determination based upon the actual work performed by the employee; or should the lower courts make the determination as to whether or not the employee was a policymaker or confidential employee by looking at the written job descriptions set forth in statutes or policies (.e., the “categorical approach” or “alter ego” theory)?