Missouri Statute | Act | Code |Executive Branch| US Code - US Statute | Chapter 36 State Personnel Law (merit System)

This chapter, together with any subsequent amendments thereto,
shall be known and may be referred to as "The State Personnel Law". (L.
1945 p. 1157 § 1, A.L. 1979 H.B. 673)

Unless the context clearly requires otherwise, the following
terms mean:

(1) "Agency", "state agency" or "agency of the state", each department,
board, commission or office of the state except for offices of the
elected officials, the general assembly, the judiciary and academic
institutions;

(2) "Appointing authority", an officer or agency subject to this chapter
having power to make appointments;

(3) "Board", the personnel advisory board as established by section
36.050;

(4) "Broad classification band", a grouping of positions with similar
levels of responsibility or expertise;

(5) "Class" or "class of positions", a group of positions subject to this
chapter sufficiently alike in duties, authority and responsibilities to
justify the same qualifications and the same schedule of pay to all
positions in the group;

(6) "Director", the director of the division of personnel of the office
of administration;

(7) "Disabled veteran", a veteran who has served on active duty in the
armed forces at any time who receives compensation as a result of a
service-connected disability claim allowed by the federal agency
responsible for the administration of veteran's affairs, or who receives
disability retirement or disability pension benefits from a federal
agency as a result of such a disability or a national guard veteran who
was permanently disabled as a result of active service to the state at
the call of the governor;

(8) "Division of service" or "division", a state department or any
division or branch of the state, or any agency of the state government,
all the positions and employees in which are under the same appointing
authority;

(9) "Eligible", a person whose name is on a register or who has been
determined to meet the qualifications for a class or position;

(10) "Open competitive examination", a test for positions in a particular
class, admission to which is not limited to persons employed in positions
subject to this chapter;

(11) "Promotional examination", a test for positions in a particular
class, admission to which is limited to employees with regular status in
positions subject to this chapter;

(12) "Public hearing", a hearing held after public notice at which any
person has a reasonable opportunity to be heard;

(13) "Register of eligibles", a list of persons who have been found
qualified by an open competitive examination for appointment to a
position;

(14) "Regular employee", an employee who has successfully completed a
probationary period as provided in section 36.250;

(15) "Reinstatement register", a list of persons who have been regular
employees and who have been laid off in good standing due to lack of work
or funds, or other similar cause, or who have been demoted in lieu of
layoff;

(16) "State equal employment opportunity officer", the individual
designated by the governor or the commissioner of administration as
having responsibility for monitoring the compliance of the state as an
employer with applicable equal employment opportunity law and regulation
and for leadership in efforts to establish a state workforce which
reflects the diversity of Missouri citizens at all levels of employment;

(17) "Surviving spouse", the unmarried surviving spouse of a disabled
veteran or any person who was killed while on active duty in the armed
forces of the United States or an unmarried surviving spouse of a
national guard veteran who was killed as a result of active service to
the state at the call of the governor;

(18) "Veteran", any person who is a citizen of this state who has been
separated under honorable conditions from the armed forces of the United
States who served on active duty during peacetime or wartime for at least
six consecutive months, unless released early as a result of a
service-connected disability or a reduction in force at the convenience
of the government, or any member of a reserve or national guard component
who has satisfactorily completed at least six years of service or who was
called or ordered to active duty by the President and participated in any
campaign or expedition for which a campaign badge or service medal has
been authorized. (L. 1945 p. 1157 § 3, A. 1949 S.B. 1018, A.L. 1959 H.B.
111, A.L. 1973 1st Ex. Sess. H.B. 8, A.L. 1979 H.B. 673, A.L. 1995 H.B.
114, A.L. 1996 H.B. 1146)

1. A system of personnel administration based on merit principles
and designed to secure efficient administration is established for all
offices, positions and employees, except attorneys, of the department of
social services, the department of corrections, the department of health
and senior services, the department of natural resources, the department
of mental health, the division of personnel and other divisions and units
of the office of administration, the division of employment security,
mine safety and on-site consultation sections of the division of labor
standards and administration operations of the department of labor and
industrial relations, the division of tourism and job development and
training, the Missouri housing development commission, and the office of
public counsel of the department of economic development, the Missouri
state water patrol, the Missouri veterans commission, capitol police and
state emergency management agency of the department of public safety,
such other agencies as may be designated by law, and such other agencies
as may be required to maintain personnel standards on a merit basis by
federal law or regulations for grant-in-aid programs; except that, the
following offices and positions of these agencies are not subject to this
chapter and may be filled without regard to its provisions:

(1) Other provisions of the law notwithstanding, members of boards and
commissions, departmental directors, five principal assistants designated
by the departmental directors, division directors, and three principal
assistants designated by each division director; except that, these
exemptions shall not apply to the division of personnel;

(2) One principal assistant for each board or commission, the members of
which are appointed by the governor or by a director of the department;

(3) Chaplains and attorneys regularly employed or appointed in any
department or division subject to this chapter, except as provided in
section 36.031;

(4) Persons employed in work assignments with a geographic location
principally outside the state of Missouri and other persons whose
employment is such that selection by competitive examination and standard
classification and compensation practices are not practical under all the
circumstances as determined by the board by rule;

(5) Patients or inmates in state charitable, penal and correctional
institutions who may also be employees in the institutions;

(6) Persons employed in an internship capacity in a state department or
institution as a part of their formal training, at a college, university,
business, trade or other technical school; except that, by appropriate
resolution of the governing authorities of any department or institution,
the personnel division may be called upon to assist in selecting persons
to be appointed to internship positions;

(7) The administrative head of each state medical, penal and correctional
institution, as warranted by the size and complexity of the organization
and as approved by the board;

(8) Deputies or other policy-making assistants to the exempt head of each
division of service, as warranted by the size or complexity of the
organization and in accordance with the rules promulgated by the
personnel advisory board;

(9) Special assistants as designated by an appointing authority; except
that, the number of such special assistants shall not exceed one percent
of a department's total authorized full-time equivalent workforce;

(10) Merit status shall be retained by present incumbents of positions
identified in this section which have previously been subject to this
chapter.

2. All positions in the executive branch transferred to coverage pursuant
to this chapter where incumbents of such positions have at least twelve
months' prior service on the effective date of such transfer shall have
incumbency preference and shall be permitted to retain their positions,
provided they meet qualification standards acceptable to the division of
personnel of the office of administration. An employee with less than
twelve months of prior service on the effective date of such transfer or
an employee who is appointed to such position after the effective date of
such transfer and prior to the classification and allocation of the
position by the division of personnel shall be permitted to retain his or
her position, provided he or she meets acceptable qualification standards
and subject to successful completion of a working test period which shall
not exceed twelve months of total service in the position. After the
allocation of any position to an established classification, such
position shall thereafter be filled only in accordance with all
provisions of this chapter.

3. The system of personnel administration governs the appointment,
promotion, transfer, layoff, removal and discipline of employees and
officers and other incidents of employment in divisions of service
subject to this chapter, and all appointments and promotions to positions
subject to this chapter shall be made on the basis of merit and fitness.

4. To encourage all state employees to improve the quality of state
services, increase the efficiency of state work operations, and reduce
the costs of state programs, the director of the division of personnel
shall establish employee recognition programs, including a statewide
employee suggestion system. The director shall determine reasonable rules
and shall provide reasonable standards for determining the monetary
awards, not to exceed five thousand dollars, under the employee
suggestion system. Awards shall be made from funds appropriated for this
purpose.

5. At the request of the senate or the house of representatives, the
commissioner of administration shall submit a report on the employee
suggestion award program described in subsection 4 of this section. (L.
1945 p. 1157 § 2, A.L. 1947 V. I p. 375, A.L. 1959 H.B. 111, A.L. 1973
1st Ex. Sess. H.B. 8, A.L. 1979 H.B. 673, A.L. 1989 S.B. 135, A.L. 1990
H.B. 1452, A.L. 1996 H.B. 1146)

Any provision of law to the contrary notwithstanding, except for
the elective offices, institutions of higher learning, the department of
transportation, the department of conservation, those positions in the
Missouri state highway patrol the compensation of which is established by
subdivision (2) of subsection 2 of section 43.030, RSMo, and section
43.080, RSMo, those positions in the division of finance and the division
of credit unions compensated through a dedicated fund obtained from
assessments and license fees under sections 361.170 and 370.107, RSMo,
and those positions for which the constitution specifically provides the
method of selection, classification, or compensation, and the positions
specified in subsection 1 of section 36.030, but including attorneys,
those departments, agencies and positions of the executive branch of
state government which have not been subject to these provisions of the
state personnel law shall be subject to the provisions of sections
36.100, 36.110, 36.120 and 36.130, and the regulations adopted pursuant
to sections 36.100, 36.110, 36.120 and 36.130 which relate to the
preparation, adoption and maintenance of a position classification plan,
the establishment and allocation of positions within the classification
plan and the use of appropriate class titles in official records,
vouchers, payrolls and communications. Any provision of law which confers
upon any official or agency subject to the provisions of this section the
authority to appoint, classify or establish compensation for employees
shall mean the exercise of such authority subject to the provisions of
this section. This section shall not extend coverage of any section of
this chapter, except those specifically named in this section, to any
agency or employee. In accordance with sections 36.100, 36.110, 36.120
and 36.130, and after consultation with appointing authorities, the
director of the division of personnel shall conduct such job studies and
job reviews and establish such additional new and revised job classes as
the director finds necessary for appropriate classification of the
positions involved. Such classifications and the allocation of positions
to classes shall be maintained on a current basis by the division of
personnel. The director of the division of personnel shall, at the same
time, notify all affected agencies of the appropriate assignment of each
job classification to one of the salary ranges within the pay plan then
applicable to merit system agencies. The affected agencies and employees
in the classifications set pursuant to this section shall be subject to
the pay plan and rates of compensation established and administered in
accordance with the provisions of this section, and the regulations
adopted pursuant to this section, on the same basis as for merit agency
employees. In addition, any elected official, institution of higher
learning, the department of transportation, the department of
conservation, the general assembly, or any judge who is the chief
administrative officer of the judicial branch of state government may
request the division of personnel to study salaries within the
requestor's office, department or branch of state government for
classification purposes. (L. 1990 H.B. 1452 § 54.320 subsec. 3, A.L. 1996
H.B. 1146, A.L. 2005 H.B. 379 merged with S.B. 318)

1. The division of personnel of the office of administration, the
administrative head of which is the personnel director, shall administer
this chapter and render the services to the departments and divisions
subject to the provisions of this chapter that are necessary and
desirable to assist the officials in discharging their responsibility for
maintaining and increasing the effectiveness of personnel administration.
The division shall provide consultation and expertise in personnel
management to all agencies to assist in the accomplishment of the
missions of such agencies.

2. The division shall administer this chapter in a manner which complies
with equal opportunity law and shall consult with the state equal
employment opportunity officer in various aspects of the administration
of this chapter to ensure such compliance. In particular, the division
shall consult with the state equal employment opportunity officer
regarding the classification plan, the pay plan, qualifications for
admittance to examinations, noncompetitive registration and selection
procedures, waiver of competitive examinations, noncompetitive
promotions, alternative promotional procedures, alternatives for filling
vacancies, and layoff actions, for the purpose of ensuring compliance
with equal opportunity law and regulations and on developed plans to
establish a state workforce which reflects the diversity of Missouri
citizens at all levels of employment. (L. 1945 p. 1157 § 4, A.L. 1959
H.B. 111, A.L. 1971 H.B. 384, A.L. 1996 H.B. 1146)

1. The personnel advisory board and its functions, duties and
powers prescribed in this chapter is transferred by type III transfer to
the office of administration.

2. The personnel advisory board shall consist of seven members. Four
members of the board shall be public members, citizens of the state who
are not state employees or officials, of good character and reputation,
who are known to be in sympathy with the application of merit principles
to public employment. Two members shall be employees of state agencies
covered by section 36.030 or section 36.031, one a member of executive
management, and one a nonmanagement employee. Members who are employees
shall not participate in disciplinary appeal decisions from their
agencies. The state equal employment opportunity officer shall be a
member of the board. No member of the board, during the member's term of
office, or for at least one year prior thereto, shall be a member of any
local, state or national committee of a political party or an officer or
member of a committee in any partisan political club or organization, or
hold, or be a candidate for, a partisan public office. An employee member
who leaves state employment or otherwise fails to further qualify for the
appointment shall vacate the position.

3. The members of the board shall be appointed by the governor by and
with the advice and consent of the senate. The three current members of
the board serving terms which expire July 31, 1998, July 31, 2000, and
July 31, 2002, shall continue to serve for the terms for which they were
previously appointed. One new public member shall be appointed for a term
ending July 31, 1998, one employee member shall be appointed for a term
ending July 31, 2000, and one employee member shall be appointed for a
term ending July 31, 2002. Thereafter, appointments of all members shall
be for terms of six years. Any vacancy shall be filled by an appointment
for the unexpired term. Each member of the board shall hold office until
such member's successor is appointed and qualified.

4. A member of the board is removable by the governor only for just
cause, after being given a written notice setting forth in substantial
detail the charges against the member and an opportunity to be heard
publicly on the charges before the governor. A copy of the charges and a
transcript of the record of the hearing shall be filed with the secretary
of state.

5. Each public member of the board shall be paid an amount for each day
devoted to the work of the board which shall be determined by the
commissioner of administration and filed with the reorganization plan of
the office of administration; provided, however, that such amount shall
not exceed that paid to members of boards and commissions with comparable
responsibilities. All board members are entitled to reimbursement for
necessary travel and other expenses pertaining to the duties of the
board. Duties performed for the board by any employee member of the board
shall be considered duties in connection with the appointment of the
individual, and such employee member shall suffer no loss of regular
compensation by reason of performance of such duties.

6. The board shall elect from among its membership a chairman and vice
chairman, who shall act as chairman in the chairman's absence. It shall
meet at the times and places specified by call of the chairman, the
governor, or the director. At least one meeting shall be held every three
months. All regular meetings are open to the public. Notice of each
meeting shall be given in writing to each member by the director. Two
members shall constitute a quorum until January 1, 1997, thereafter, four
members shall constitute a quorum for the transaction of official
business.

7. To assist in the performance of its duties the board may employ staff
from funds appropriated for this purpose; provided, however, that this
provision shall not be interpreted to limit the ability of the personnel
director to provide assistance to the board. (L. 1945 p. 1157 § 5, A.
1949 S.B. 1018, A.L. 1959 H.B. 111, A.L. 1971 S.B. 327, A.L. 1973 1st Ex.
Sess. H.B. 8, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146)

1. In addition to the duties imposed upon it elsewhere in this
chapter, it shall be the duty of the board:

(1) To conduct hearings and render decisions on appeals as provided in
this act;

(2) To make any investigation which it may consider desirable concerning
the administration of personnel subject to this law;

(3) To hold regular meetings with appointing authorities to propose
methods of resolving general personnel problems;

(4) To make annual reports, and such special reports as it considers
desirable, to the governor and the general assembly regarding personnel
administration in the state service and recommendations there. These
special reports shall evaluate the effectiveness of the personnel
division and the appointing authority in their operations under this law;

(5) To make such suggestions and recommendations to the governor and the
director relating to the state's employment policies as will promote
morale, efficiency and uniformity in compensation of the various
employees in the state service;

(6) To promulgate rules and regulations to ensure that no applicant or
employee is discriminated against on the basis of race, creed, color,
religion, national origin, sex, ancestry or handicap.

2. No rule or portion of a rule promulgated under the authority of this
chapter shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1945 p. 1157 § 6, A.L. 1971
S.B. 327, A.L. 1979 H.B. 673, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

1. The board shall have power to prescribe such rules and
regulations not inconsistent with the provisions of this chapter as it
deems suitable and necessary to carry out the provisions of this chapter.
Such rules and regulations shall be effective when filed with the
secretary of state as provided by law.

2. The board shall prescribe by rule the procedures for employment and
promotion in accordance with the provisions of this chapter.

3. The board shall determine by rule the procedures for and causes of
disciplinary actions including termination, demotion and suspension of
employees subject to this chapter which regulations shall be consistent
with the provisions of this law. (L. 1945 p. 1157 § 9, A.L. 1979 H.B.
673, A.L. 1995 S.B. 3)

(1981) In a workers' compensation hearing, the Labor and Industrial
Relations Commission and its referees are limited to ascertaining the
facts from the record presented by the parties and applying the workers'
compensation law to the facts, and may not take official notice of facts
not judicially cognizable. Stegeman v. St. Francis Xavier Parish (Mo.),
611 S.W.2d 204.

1. The director shall be a person who is experienced in the
principals and methods of personnel administration, who is familiar with
and in sympathy with the application of merit principles and efficient
methods of public administration. He shall be appointed for a term of
four years beginning on July first following the election of a governor,
which term may be renewed at its expiration at the option of the
governor; except that the provisions of this section shall not apply to
the incumbent personnel director on September 28, 1979, who shall retain
such merit system status as has been previously attained.

2. The personnel director shall not during his term of office, or for one
year prior thereto:

(1) Be a member of any local, state or national committee of a political
party;

(2) Be a member of any partisan political club or organization;

(3) Actively participate in any partisan political campaign; or

(4) Hold or be a candidate for any partisan public office.

3. Upon an impending or actual vacancy in the position of director, the
board shall publicly solicit applications for the position and prepare
and submit to the governor a list of the five most qualified applicants.
In the course of preparing such a list the board may engage the services
of persons experienced in personnel administration as consultants to
assist it in examining and determining the best qualified available
persons for appointment as director. The board shall be authorized to
pay, out of the funds appropriated to it, the necessary travel and other
expenses of any consultants engaged under the provisions of this section,
and may also defray the travel expenses of candidates for the position
who are requested to report for an interview.

4. The provisions of subdivision (2) of subsection 5 of section 1 of the
Reorganization Act of 1974 notwithstanding, the total compensation of any
director appointed after September 28, 1979, shall not exceed the
statutory salary of department heads.

5. The provisions of subsection 8 of section 15 of the Reorganization Act
of 1974 notwithstanding, the governor shall appoint to the position of
director, without regard to his political affiliation and subject to the
advice and consent of the senate, one of the persons named on the list
submitted by the board.

6. The director may be removed by the board for just cause after being
given a notice setting forth in substantial detail the charges before the
board. A copy of the charges and a transcript of the record of the
hearing shall be filed with the secretary of state. (L. 1945 p. 1157 § 7,
A. 1949 S.B. 1018, A.L. 1955 p. 575, A.L. 1963 p. 103, A.L. 1967 p. 116,
A.L. 1971 S.B. 152, A.L. 1979 H.B. 673)

1. The director, as executive head of the personnel division,
shall direct and supervise all its administrative and technical
activities. In addition to the duties imposed upon him elsewhere in this
chapter, it shall be his duty:

(1) To require the development of effective personnel administration and
to make available the facilities of the division to this end;

(2) To develop in cooperation with appointing authorities a management
training program, a recruiting program, and a system of performance
appraisals, and to assist appointing authorities in the setting of
productivity goals.

2. The director shall assist the board in the performance of its
functions and attend board meetings.

3. The director shall:

(1) Establish and maintain a roster of all officers and employees subject
to this law, in which there shall be set forth, as to each employee, a
record of the class title of the position held; the salary or pay; any
change in class title, pay or status, and such other data as may be
deemed desirable to produce significant facts pertaining to personnel
administration;

(2) Appoint, under the provisions of this chapter, and, with the approval
of the board, fix the compensation of such experts and special assistants
as may be necessary to carry out effectively the provisions of this
chapter, such employees to be selected upon the basis of merit and
fitness and as other employees subject to this law unless otherwise
directed under the provisions of this chapter;

(3) Investigate the effects of this law, the rules promulgated under this
law and the operation of the merit system and report his finding and
recommendations to the board and the governor;

(4) Make annual reports concerning the work of the division, problems in
personnel management, and actions taken or to be taken by the division to
resolve those problems;

(5) Perform any other lawful act which he may consider necessary or
desirable to carry out the purposes and provisions of this law.

4. The director shall appoint, in full conformity with all the provisions
of this chapter, a deputy or deputies. In case of the absence of the
director or his inability from any cause to discharge the powers and
duties of his office, such powers and duties shall devolve upon his
deputy. (L. 1945 p. 1157 § 8, A.L. 1979 H.B. 673)

*See also section 620.010 for additional duty for personnel division.

1. The director shall ascertain the duties, authority and
responsibilities of all positions subject to this chapter. After
consultation with the appointing authorities, the director shall prepare
and recommend to the board, and maintain on a continuing basis, a
position classification plan, which shall group all positions in the
classified service in classes, based on their duties, authority and
responsibilities. Except as provided in subsection 2 of this section, the
position classification plan shall set forth, for each class of
positions, a class title and a statement of the duties, authority and
responsibilities thereof, and the qualifications that are necessary or
desirable for the satisfactory performance of the duties of the class;
provided, that no plan shall be adopted which prohibits the substitution
of experience for education for each class of positions, except that, the
board may determine that there is no equivalent substitution in
particular cases. Classifications should be sufficiently broad in scope
to include as many comparable positions as possible both on an intra- and
inter-departmental basis, including both merit and nonmerit agencies.

2. The classification plan may group management positions with similar
levels of responsibility or expertise into broad classification bands.

3. The director shall require an initial and ongoing review of the number
of classifications in each division of service and shall, in consultation
with the agencies, eliminate and combine classes when possible, taking
into consideration the recruitment, examination, selection and
compensation of personnel in the various classes. (L. 1945 p. 1157 § 11,
A.L. 1965 p. 144, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146)

After consultation with appointing authorities, the director
shall allocate each position in the classified service to the appropriate
class therein on the basis of its duties, authority and responsibilities.
The director may delegate allocation authority to the appointing
authorities for positions in classes in their divisions of service within
standards and limits which have been developed in consultation with and
agreed to by the appointing authorities. Any employee affected by the
allocation of a position to a class, whether by the director or by the
appointing authority, shall, after filing with the director a written
statement setting forth reasons for requesting a consideration thereof,
be given a reasonable opportunity to be heard thereon by the director.
(L. 1945 p. 1157 § 12, A.L. 1996 H.B. 1146)

1. Before establishing a new position in divisions of the service
subject to this chapter, or before making any permanent and substantial
change of the duties, authority or responsibilities of a position subject
to this chapter, an appointing authority shall notify the director in
writing of the appointing authority's intention to do so, except where
the positions may be allocated by the appointing authority.

2. The director may at any time allocate any new position to a class, or
change the allocation of any position to a class, or recommend to the
board changes in the classification plan. Any change in the
classification plan recommended by the director shall take effect when
approved by the board, or on the ninetieth day after it is recommended to
the board if prior thereto the board has not approved it. In case of
necessity requiring the immediate establishment of a new class, the
director may establish such a class on an interim basis pending approval
of the class by the board as recommended by the director.

3. When the allocation of a position to a class is changed, the director
shall notify the appointing authority. If allocation authority is
delegated, the appointing authority shall notify the director of any
changes in the allocation. If the position is filled at the time of
reallocation to a class, the appointing authority shall immediately
notify the incumbent of the position regarding the allocation change. If
the incumbent does not agree with the new allocation, the incumbent may,
under conditions specified in the rules, submit to the director a request
for a review of the allocation of the position.

4. If any change is made in the classification plan by which a class of
positions is divided, altered, or abolished, or classes are combined, the
director shall forthwith reallocate the positions affected to their
appropriate classes in the amended classification plan. An employee who
is occupying a position reallocated to a different class shall, subject
to the regulations, be given the same status in the new class as
previously held in the class from which his or her position is
reallocated. The director may require that the employee achieve a
satisfactory grade on a noncompetitive test of fitness for the class to
which his or her position has been reallocated.

5. After a class of positions has been approved by the board, the
director is authorized to make such changes in the class title or in the
statement of duties and qualifications for the class as the director
finds necessary for current maintenance of the classification plan;
provided, however, that changes which materially affect the nature and
level of a class or which involve a change in salary range for the class
shall be approved by the board. (L. 1945 p. 1157 § 13, A.L. 1979 H.B.
673, A.L. 1996 H.B. 1146)

Following the adoption of the classification plan and the
allocation of classes therein of positions in the classified service, the
class titles set forth therein shall be used to designate such positions
in all official records, vouchers, payrolls, and communications. No
person shall be appointed to, or employed in, a position in divisions of
the service subject to this law under a class title which has not been
approved by the director as appropriate to the duties to be performed.
(L. 1945 p. 1157 § 14)

1. After consultation with appointing authorities and the state
fiscal officers, and after a public hearing, the director shall prepare
and recommend to the board a pay plan for all classes subject to this
chapter. The pay plan shall include, for each class of positions, a
minimum and a maximum rate, and such provision for intermediate rates as
the director considers necessary or equitable. The pay plan may include
provision for grouping of management positions with similar levels of
responsibility or expertise into broad classification bands for purposes
of determining compensation and for such salary differentials and other
pay structures as the director considers necessary or equitable. In
establishing the rates, the director shall give consideration to the
experience in recruiting for positions in the state service, the rates of
pay prevailing in the state for the services performed, and for
comparable services in public and private employment, living costs,
maintenance, or other benefits received by employees, and the financial
condition and policies of the state. These considerations shall be made
on a statewide basis and shall not make any distinction based on
geographical areas or urban and rural conditions. The pay plan shall take
effect when approved by the board and the governor, and each employee
appointed to a position subject to this chapter after the adoption of the
pay plan shall be paid according to the provisions of the pay plan for
the position in which he or she is employed; provided, that the
commissioner of administration certifies that there are funds
appropriated and available to pay the adopted pay plan. The pay plan
shall also be used as the basis for preparing budget estimates for
submission to the legislature insofar as such budget estimates concern
payment for services performed in positions subject to this chapter.
Amendments to the pay plan may be recommended by the director from time
to time as circumstances require and such amendments shall take effect
when approved as provided by this section. The conditions under which
employees may be appointed at a rate above the minimum provided for the
class, or advance from one rate to another within the rates applicable to
their positions, shall be determined by the regulations.

2. Any change in the pay plan shall be made on a uniform statewide basis.
No employee in a position subject to this chapter shall receive more or
less compensation than another employee solely because of the
geographical area in which the employee lives or works. (L. 1945 p. 1157
§ 15, A.L. 1957 p. 498, A.L. 1973 H.B. 133, A.L. 1996 H.B. 1146)

1. Every appointment or promotion to a position covered by this
chapter shall be made on the basis of merit as provided in this chapter.
Demotions in and dismissals from employment shall be made for cause under
rules and regulations of the board uniformly applicable to all positions
of employment. No appointment, promotion, demotion or dismissal shall be
made because of favoritism, prejudice or discrimination. The regulations
shall prohibit discrimination in other phases of employment and personnel
administration and shall provide such remedy as is required by federal
merit system standards for grant-in-aid programs and is not provided in
chapter 296*, RSMo.

2. Political endorsements shall not be considered in connection with any
such appointment.

3. No person shall use or promise to use, directly or indirectly, for any
consideration whatsoever, any official authority or influence to secure
or attempt to secure for any person an appointment or advantage in
appointment to any such position or an increase in pay, promotion or
other advantage in employment.

4. No person shall in any manner levy or solicit any financial assistance
or subscription for any political party, candidate, political fund, or
publication, or for any other political purpose, from any employee in a
position subject to this chapter, and no such employee shall act as agent
in receiving or accepting any such financial contribution, subscription,
or assignment of pay. No person shall use, or threaten to use, coercive
means to compel an employee to give such assistance, subscription, or
support, nor in retaliation for the employee's failure to do so.

5. No such employee shall be a candidate for nomination or election to
any partisan public office or nonpartisan office in conflict with that
employee's duties unless such person resigns, or obtains a regularly
granted leave of absence, from such person's position.

6. No person elected to partisan public office shall, while holding such
office, be appointed to any position covered by this chapter.

7. Any officer or employee in a position subject to this chapter who
purposefully violates any of the provisions of this section shall forfeit
such office or position. If an appointing authority finds that such a
violation has occurred, or is so notified by the director, this shall
constitute cause for dismissal pursuant to section 36.390 and a final
determination by the board as to the occurrence of a violation. (L. 1945
p. 1157 § 43, A. 1949 S.B. 1018, A.L. 1973 1st Ex. Sess. H.B. 8, A.L.
1979 H.B. 673, A.L. 1993 S.B. 31, A.L. 1998 H.B. 927)

*Chapter 296 was repealed by S.B. 513, 1986.

(1994) Statute does not violate equal protection clause, Art. I, Sec. 2,
Mo. Const., where state had legitimate interest in maintaining public
confidence in impartial civil service by prohibiting merit employees from
being candidates for any partisan political office. Asher v. Lombardi,
877 S.W.2d 628 (Mo. en banc).

For the purposes of sections 36.152 to 36.159, the following
terms mean:

(1) "Contribution", as defined in chapter 130, RSMo;

(2) "Employee", any individual holding a position subject to the
provisions of this chapter in an executive agency of the state;

(3) "Partisan political office", any office for which any candidate is
nominated or elected as representing a party pursuant to chapter 115,
RSMo. (L. 1998 H.B. 927)

1. An employee may take part in the activities of political
parties and political campaigns.

2. An employee may not:

(1) Use the employee's official authority or influence for the purpose of
interfering with the results of an election;

(2) Knowingly solicit, accept or receive a political contribution from
any person who is a subordinate employee of the employee;

(3) Run for the nomination, or as a candidate for election, to a partisan
political office; or

(4) Knowingly solicit or discourage the participation in any political
activity of any person who has an application for any compensation,
grant, contract, ruling, license, permit or certificate pending before
the employing department of such employee or is the subject of, or a
participant in, an ongoing audit, investigation or enforcement action
being carried out by the employing department of such employee.

3. An employee retains the right to vote as the employee chooses and to
express the employee's opinion on political subjects and candidates. (L.
1998 H.B. 927)

An employee may not engage in political activity:

(1) While on duty;

(2) In any room or building occupied in the discharge of official duties;

(3) By utilizing any state resources or facilities;

(4) While wearing a uniform or official insignia identifying the office
or position of the employee; or

(5) When using any vehicle owned or leased by the state or any agency or
instrumentality of the state. (L. 1998 H.B. 927)

It shall be unlawful for any person to intimidate, threaten,
command or coerce any employee of the state to engage in, or not to
engage in, any political activity, including, but not limited to, voting,
or refusing to vote, for any candidate or measure in any election,
making, or refusing to make, any political contribution or working, or
refusing to work, on behalf of any candidate. No employee of this state
shall discriminate against, discipline or otherwise create a preference
for or against any employee subject to such person's authority as a
consequence of such employee's political belief or expression of such
belief. Any person who violates the provisions of this section is guilty
of a class three election offense as established in section 115.635,
RSMo, punishable by a term of imprisonment for not more than one year and
a fine of not more than two thousand five hundred dollars, or both such
fine and imprisonment. Any person convicted of a violation of this
section shall lose such person's position in the agency. (L. 1998 H.B.
927)

1. No person shall make any false statement, certificate, mark,
rating or report with regard to any test, certification or appointment
made under any provision of this chapter or in any manner commit or
attempt to commit any fraud preventing the impartial execution of this
law and the regulations.

2. No person shall, directly or indirectly, give, render, pay, offer,
solicit or accept any money, service or other valuable consideration for
or on account of any appointment, proposed appointment, promotion or
proposed promotion to, or any advantage in, a position subject to this
law.

3. No employee of the personnel division, examiner, or other person shall
defeat, deceive or obstruct any person in this right to examination,
eligibility, certification or appointment under this law, or furnish to
any person any special or secret information for the purpose of affecting
the rights or prospects of any person with respect to employment in a
division of service subject to this law. Any person who shall violate any
provision of this section shall be guilty of a misdemeanor. (L. 1945 p.
1157 § 44)

1. The director shall from time to time conduct such open
competitive and promotional examinations as the director considers
necessary. The examinations shall be of such character as to determine
the relative qualifications, fitness and ability of the persons tested to
perform the duties of the class for which a register is to be
established. No question shall be so framed as to elicit information
concerning the political or religious opinions or affiliations of an
applicant.

2. Agencies may request authority from the director to administer
examinations for all positions, in accordance with rules adopted by the
board. When such a request is approved, the director, in accordance with
rules established by the board, shall establish standards and guidelines
to be followed.

3. Pursuant to rules promulgated by the board, appointing authorities may
request that the division of personnel administer promotional
examinations limited to those already employed by the state or within the
department or division of service involved.

4. All examinations conducted by the director shall be conducted in a
location which is fully accessible to persons with disabilities or if
such a facility is not available in a given location for such regular
examinations, a special examination will be arranged upon request of an
applicant with a disability in a facility which is fully accessible. (L.
1945 p. 1157 § 20, A.L. 1979 H.B. 673, A.L. 1984 S.B. 464, A.L. 1996 H.B.
1146)

1. The standards of education or experience in the classification
plan for each class shall be established on the basis of specified
knowledge, skills and abilities. Admission to examinations shall be open
to all persons who possess the qualifications and who may be lawfully
appointed to a position in the class for which a register is to be
established. The regulations may also require that applicants achieve at
least a satisfactory grade in each progressive part of the examination in
order to be admitted to subsequent parts of the examination or to receive
a final passing score.

2. To ensure competitive equality between the hearing impaired or the
blind and persons not so disabled, the applicant may request from the
director the furnishing of a certified interpreter for the hearing
impaired or an amanuensis or a reader for the blind when necessary, and
the furnishing of a place to take such examination, or such other similar
prerequisites to ensure equality in such examination.

3. The director may reject the application of any person for admission to
an examination, strike the name of any person from the register, refuse
to certify the name of any person, or withdraw the certification of a
person if the director finds that the person lacks any of the
qualifications, has been convicted of a crime which raises questions
about his or her qualifications, has been dismissed from the public
service for delinquency, has made a false statement of a material fact or
practiced or attempted to practice any fraud or deception, in his or her
application or examination or in attempting to secure appointment.

4. The director may take such action as is authorized in subsection 3 of
this section if the director finds the person has a health condition or
disability which would clearly prohibit the person from performing the
duties required for the position for which the applicant has applied. (L.
1945 p. 1157 § 21, A.L. 1965 p. 145, A.L. 1979 H.B. 673, A.L. 1984 S.B.
464, A.L. 1996 H.B. 1146)

1. The director shall give public notice of each open competitive
and promotional examination sufficiently in advance of such examination
and sufficiently widespread in scope to afford persons who are interested
in participating in the examination a reasonable opportunity to apply.
The time elapsing between the official announcement of an examination and
the holding of such examination shall be not less than two calendar
weeks, except that a lesser period of advance notice may be permissible
under the regulations when the examination is conducted under the
provisions of subsection 3 of section 36.320 or when the needs of the
service pursuant to subsection 1 of section 36.260 require special
notices.

2. Each official notice of an examination shall state the title, duties,
pay and qualifications of positions for which the examination is to be
held; the time, place and manner of making application for admission to
such examination; and any other information which the director considers
pertinent and useful.

3. The director shall ensure that the official announcement of an
examination is given the widest distribution necessary to inform
qualified persons that the examination is being given. The director may
use any means that the director considers necessary to inform qualified
persons about the examination. These include, but are not limited to,
paid advertisements in newspapers, periodicals, electronic media and
announcements to educational institutions. The director may also publish
a periodic bulletin containing information about examinations to be sent
to subscribers at a price approximating the cost of publication. (L. 1945
p. 1157 § 22, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146)

The methods for rating the various parts of the examinations and
the minimum satisfactory grade shall be determined by the regulations.
Each person who takes any examination shall be given written notice as to
whether he passed or failed the examination, and he shall be entitled to
inspect his ratings and examination papers, but examination papers shall
not be open to the general public. A manifest error in rating an
examination which affects the relative ranking of persons shall be
corrected if called to the attention of the director within thirty days
after the establishment of the register, but such correction shall not
invalidate any appointment previously made from such a register unless it
is established that the error was made in bad faith and with intent to
deprive a person of certification. (L. 1945 p. 1157 § 23, A.L. 1979 H.B.
673)

Other provision of the law to the contrary notwithstanding,
special procedures for the examination and selection of personnel are
authorized as follows:

(1) For positions involving unskilled or semiskilled labor, or domestic,
attendant, custodial or comparable work, when the character or place of
the work makes it impracticable to supply the needs of the service by
appointments made in accordance with the procedure prescribed in other
provisions of this chapter, the director, in accordance with the
regulations, shall authorize the use of such other procedures as the
director determines to be appropriate in order to meet the needs of the
service, while assuring the selection of such employees on the basis of
merit and fitness. Such procedures, subject to the regulations, may
include the testing of applicants and maintenance of registers of
eligibles by localities; the testing of applicants, singly or in groups,
at periodic intervals, at the place of employment or elsewhere, after
such notice as the director considers adequate; the registration of
applicants who pass a noncompetitive examination or submit satisfactory
evidence of their qualifications, and appointment of registered
applicants; or any variation or combination of the foregoing or other
suitable methods. When the director finds noncompetitive registration and
selection procedures to be appropriate, the director is hereby authorized
to delegate to each appointing authority the responsibility for such
registration and for selection and appointment of registered applicants.
When such delegation is made, the director shall establish the necessary
guidelines and standards for appointing authorities and shall require
such reports and perform such audits as the director deems necessary to
ensure compliance with these guidelines and standards.

(2) The regulations may prescribe the conditions under which interns,
trainees, and participants in special state or federal training,
rehabilitation, and employment programs who successfully complete a
period of internship or training may be appointed to a permanent position
subject to this chapter after passing a noncompetitive qualifying
examination.

(3) The board may, in accordance with the regulations, waive competitive
examinations for a class or position if* it finds that the supply of
qualified applicants is generally insufficient to justify competitive
examinations and provide meaningful competition in the selection of
employees. A request that competitive examination be waived for a
particular class or position pursuant to this provision may be made to
the board by the director or an appointing authority. The board shall
review determinations pursuant to this provision at least annually. Upon
waiving such examinations, the regulations of the board shall provide for
the registration and appointment of applicants who present satisfactory
evidence of their qualifications.

(4) Upon the approval of the director in accordance with the regulations
of the board, appointing authorities may promote employees on the basis
of a qualifying noncompetitive examination. Such noncompetitive
promotions may be approved in, but are not necessarily limited to,
situations in which the promotion represents a normal progression to the
next higher level within an established occupational job series, or where
the director determines that an employee has been an assistant,
understudy or trainee for the position involved or otherwise has had such
specific experience or training that a noncompetitive promotion to the
position in question is to the best interests of the state service.

(5) Appointing authorities may request, pursuant to regulations
established by the board, to conduct alternative promotional procedures
for positions and classes in their divisions of service. The board shall
approve such alternative procedures which it finds to be in keeping with
merit principles and the best interest of the state service. Upon
approval, the appointing authority shall be responsible to conduct
promotional procedures in accordance with the board's approval and
without favoritism, prejudice or discrimination. The board may withdraw
approval pursuant to this provision if it finds that this responsibility
has not been met.

(6) Where appropriate, the director may establish registers by locality
for selected classes. (L. 1945 p. 1157 § 30, A.L. 1953 p. 512, A.L. 1979
H.B. 673, A.L. 1996 H.B. 1146)

*Word "of" appears in original rolls.

1. In any competitive examination given for the purpose of
establishing a register of eligibles, veterans, disabled veterans,
surviving spouses and spouses of disabled veterans shall be given
preference in appointment and examination in the following manner:

(1) A veteran, or the surviving spouse of any veteran whose name appears
on a register of eligibles who made a passing grade, shall have five
points added to his or her final grade, and his or her rank on the
register shall be determined on the basis of this augmented grade.

(2) The spouse of a disabled veteran, whose name appears on a register of
eligibles and who made a passing grade, shall have five points added to
his or her final grade, and his or her rank on the register shall be
determined on the basis of this augmented grade. This preference shall be
given only if the veteran is not employed in the state service and the
disability renders him or her unqualified for entrance into the state
service.

(3) A disabled veteran, whose name appears on a register of eligibles and
who made a passing grade, shall have ten points added to his or her final
grade, and his or her rank on the register shall be determined on the
basis of this augmented grade.

2. Any person who has been honorably discharged from the armed forces of
the United States shall receive appropriate credit for any training or
experience gained therein in any examination if the training or
experience is related to the duties of the class of positions for which
the examination is given. (L. 1945 p. 1157 § 24, A.L. 1957 p. 494, A.L.
1959 H.B. 111, A.L. 1979 H.B. 673)

1. In any competitive examination given for the purpose of
establishing a register of eligibles, a parental preference shall be
given to persons who were previously employed by the state but terminated
such employment to care for young children. This preference shall be
given only for persons who were full-time homemakers and caretakers of
children under the age of ten and were not otherwise gainfully employed
for a period of at least two years.

2. If the name of a person eligible for a parental preference appears on
a register of eligibles who made a passing grade, such person shall have
five points added to the final grade, and the rank of such person on the
register shall be determined on the basis of this augmented grade. (L.
1995 H.B. 429)

1. Whenever an appointing authority proposes to fill one or more
vacancies in a class of positions subject to this chapter, the appointing
authority shall submit to the director, as far in advance of the desired
appointment date as possible, a requisition for the certification of
eligible persons from an appropriate register. The requisition shall
contain information as required by the director. The appointing
authority, subject to conditions specified in the regulations, may also
designate special requirements of domicile or the possession of special
skills. If the director finds that such requirements would contribute
substantially to effective performance of the duties involved,
certification may be limited to persons on the register who meet such
requirements.

2. When vacancies to be filled are in a class from which employees have
been laid off, or demoted in lieu of layoff, certification shall be
limited to previous employees until all employees of a division of
service on the appropriate reinstatement register have been reinstated in
order of rank on the register. Thereafter, certification from
reinstatement and other registers shall be in accordance with the
provisions of this section and the regulations of the board.

3. Upon a request for certification, the director shall certify for
selection the names of the top fifteen ranking available eligibles or the
names of available eligibles comprising the top ranking fifteen percent
of available eligibles, whichever is greater, plus such additional
eligibles as have a final rating equal to that of the last certified
eligible. Upon request of the appointing authority, the director may also
certify, for each additional vacancy to be filled from the same
certification, the next five ranking available eligibles plus such
additional eligibles as have a final rating equal to that of the last
certified eligible.

4. If the director finds that the nature of the examination process and
the type of positions involved justify alternative procedures for filling
vacancies, the board may by rule prescribe such procedures which may
include certification by broad category of examination rating or within a
specified range of scores.

5. When a position in divisions of the service subject to this chapter is
limited in duration, certification may be limited to the highest ranking
eligible who will accept employment under such conditions. A person
appointed to a position under such conditions shall retain his or her
relative position on the register and shall be eligible for certification
to a permanent position in the regular order until the register itself
has expired. If a temporary position is limited to less than ninety
calendar days' duration, the appointing authority may fill the position
by temporary appointment in the manner provided in section 36.270.

6. The rules shall prescribe the conditions under which the name of an
eligible who has been certified to and considered for appointment by an
appointing authority but has not been appointed may be withheld from
further certification to such appointing authority. The eligible shall be
entitled to retain his or her place on the eligible register during the
life of the register, and shall be certified in the order of his or her
rank to other vacancies in the class under other appointing authorities.

7. Eligibles who are not available for appointment when offered
certification shall be granted a waiver of certification upon their
request. Eligibles who do not respond within a reasonable period to a
notice of certification may at the discretion of the director be dropped
from the eligible register.

8. Any person who has obtained regular status in a class of positions
subject to subsection 1 of section 36.030 and who has resigned from state
service in good standing or who has accepted demotion or transfer for
personal reasons may be reemployed without competitive certification in
the same or comparable class at the discretion of the appointing
authority and under conditions specified in the regulations. Any person
who has successfully served at least one year in a position not subject
to subsection 1 of section 36.030, but which is subject to section
36.031, and who has resigned from state service in good standing or who
has accepted demotion or transfer for personal reasons, may be reemployed
without competitive certification in the same or comparable class at the
discretion of the appointing authority and under conditions specified in
the regulations, provided he or she possesses the qualifications and has
successfully completed a noncompetitive examination for the class
involved. No one shall be reemployed pursuant to this section until
reinstatement has first been offered to all eligibles on the
reinstatement register for the class and division of service involved.

9. Preference in certification and appointment from promotional registers
or registers of eligibles under conditions specified in the regulations,
may be given to employees of the division of service in which the vacancy
occurs. (L. 1945 p. 1157 § 25, A.L. 1973 1st Ex. Sess. H.B. 8, A.L. 1979
H.B. 673, A.L. 1996 H.B. 1146)

1. Every person appointed to a permanent position subject to this
chapter shall be required to successfully complete a working test during
a probationary period which shall be of sufficient length to enable the
appointing authority to observe the employee's ability to perform the
various duties pertaining to the position.

2. The board shall by regulation establish the standards governing normal
length of the probationary period for different classes of positions. The
regulations shall specify the criteria for reducing or lengthening the
probationary period for individuals within the various classes. The
minimum probationary period shall be three months. The maximum
probationary period shall be eighteen months for top professional
personnel and personnel with substantial supervisory or administrative
responsibilities, and twelve months for all others. However, a
probationary period shall not be required for an employee reinstated
within two years after layoff or demotion in lieu of layoff by the same
division of service.

3. Prior to the expiration of an employee's probationary period, the
appointing authority shall notify the director and the employee in
writing whether the services of the employee have been satisfactory and
whether the appointing authority will continue the employee in the
employee's position. No employee shall be paid for work performed after
the expiration of the employee's probationary period unless the
appointing authority has notified the director and the employee that the
employee will be given a regular appointment or, if applicable, have the
probationary period extended.

4. At any time during the probationary period the appointing authority
may remove an employee if, in the opinion of the appointing authority,
the working test indicates that the employee is unable or unwilling to
perform the duties of the position satisfactorily. Upon removal, the
appointing authority shall forthwith report to the director and to the
employee removed, in writing, the appointing authority's action and the
reason thereof. No more than three employees shall be removed
successively from the same position during their probationary periods
without the approval of the director. An employee who is found by the
director to have been appointed through fraud shall be removed within ten
days of notification of the appointing authority.

5. If an employee is removed from the employee's position during, or at
the end of, the employee's probationary period, and the director
determines that the employee is suitable for appointment to another
position, the employee's name shall be restored to the register from
which it was certified. An employee appointed from a promotional register
who does not successfully complete the employee's probationary period
shall, if otherwise eligible for retention in employment, be reinstated
in a position in the class occupied by the employee immediately prior to
the employee's promotion or in a comparable class. (L. 1945 p. 1157 § 26,
A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146)

1. When an appointing authority finds it essential to fill a
vacancy in a position subject to this chapter, and, with at least thirty
days' notice of the vacancy, the director is unable to certify the names
of at least ten available eligibles, the director may authorize the
appointing authority to fill the vacancy by means of a provisional
appointment. The appointing authority shall forthwith submit a statement
containing the name of a person nominated by the appointing authority for
provisional appointment to the position, which statement shall contain a
description of the qualifications of training and experience possessed by
that person, and such other information as may be required by the
regulations. If such nominee is found by the director to possess
experience and training which meet the qualifications for the position,
the director may approve the provisional appointment.

2. No provisional appointment shall be made without the approval of the
director.

3. The duration of a provisional appointment shall be the same as the
duration of the probationary period established for the position. A
provisional appointee who successfully completes the working test of the
probationary period may receive a regular appointment without
examination. (L. 1945 p. 1157 § 27, A.L. 1996 H.B. 1146)

When an emergency makes it necessary to fill a position subject
hereto immediately in order to prevent stoppage of public business, or
loss, hazard, or serious inconvenience to the public, and it is
impracticable to fill such a position under any other provision of this
chapter, an appointing authority or a properly authorized subordinate
employee may appoint any qualified person to such a position without
prior approval of the director. Any such person shall be employed only
during such an emergency, and any such appointment shall expire
automatically ninety calendar days from the date of the appointment. The
appointing authority shall report each emergency appointment to the
director as soon as possible after date of such appointment and the
report shall contain the name of the person appointed, the date of
appointment, and the reasons which made the appointment necessary. No
individual may be given more than one such appointment in any
twelve-month period in the same division of service. (L. 1945 p. 1157 §
28, A.L. 1979 H.B. 673)

1. An appointing authority may at any time assign an employee
from one position to another position in the same class in the appointing
authority's division; except that, transfers of employees made because of
a layoff, or shortage of work or funds which might require a layoff,
shall be governed by the regulations. Upon making such an assignment the
appointing authority shall forthwith give written notice of the
appointing authority's action to the director. A transfer of an employee
from a position in one division to a position in the same class in
another division may be made with the approval of the director and of the
appointing authorities of both divisions. No employee shall be
transferred from a position in one class to a position in another class
of a higher rank or for which there are substantially dissimilar
requirements for appointment unless the employee is appointed to such
latter position after certification of the employee's name from a
register in accordance with the provisions of this chapter. Any change of
an employee from a position in one class to a position in a class of
lower rank shall be considered a demotion and shall be made only in
accordance with the procedure prescribed by section 36.380 for cases of
dismissal. An employee thus involuntarily demoted shall have the right to
appeal to the board pursuant to section 36.390.

2. An employee who has successfully served at least one year in a
position not subject to subsection 1 of section 36.030, but which is
subject to section 36.031, may be transferred to a position subject to
subsection 1 of section 36.030 in the same class with the approval of the
director and of the appointing authorities of both divisions, provided he
or she possesses the qualifications and has successfully completed a
noncompetitive examination for the position involved. (L. 1945 p. 1157 §
29, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146)

Any person in a position subject to this law who may be
transferred or promoted to a position exempted under section 36.030, may,
by action of the board, at the conclusion of his occupancy of such
position, be restored to his previous status under this law. (L. 1945 p.
1157 § 10)

Vacancies in the divisions of the service subject thereto shall
be filled only by:

(1) Appointment of an eligible certified by the director pursuant to
section 36.240;

(2) Provisional appointment pursuant to section 36.260;

(3) Emergency appointment pursuant to section 36.270;

(4) Transfer or demotion of a regular employee pursuant to section 36.280;

(5) Promotion pursuant to section 36.210 or 36.240;

(6) Reemployment as provided in section 36.240; or

(7) Other appointment authorized in this chapter. (L. 1945 p. 1157 § 17,
A.L. 1973 1st Ex. Sess. H.B. 8, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146)

The director shall establish and maintain reinstatement
registers, which shall contain the names of persons who have been regular
employees and who have been laid off in good standing, or demoted in lieu
of layoff, due to shortage of work or funds, or the abolition of a
position or material change in duties or organization. The order in which
names shall be placed on a reinstatement register, and the length of time
for which a name shall remain on such register, shall be established by
the regulations. The director may remove the name of a person from a
reinstatement register, or refuse to certify his name for a position if
he finds, after giving him notice and an opportunity to be heard, that
such person is not qualified to perform satisfactorily the necessary
duties. (L. 1945 p. 1157 § 18, A.L. 1973 1st Ex. Sess. H.B. 8)

1. The director shall establish and maintain such promotional
registers and registers of eligibles for the various classes of positions
subject to this chapter as the director deems necessary or desirable to
meet the needs of the service. On each promotional register and register
of eligibles, the eligibles shall be ranked in the order of their ratings
given for the purpose of establishing or replenishing such a register.

2. The time during which a promotional register or register of eligibles
remains in force shall be one year from the date on which it is
officially established by the director; except that, before the
expiration of a register, the director may by order extend the time
during which such register remains in force when the needs of the service
so require. In no event shall the total period during which a register is
in force exceed three years from the date on which the register was
originally established. The director may consolidate or cancel
promotional registers and registers of eligibles as the needs of the
service require, and as authorized by the regulations.

3. In circumstances where there is a continuous need for substantial
numbers of eligibles for a certain class of positions, the director may,
after first establishing such a register, replenish the register from
time to time by inserting the names of additional eligibles who are found
to be qualified on the basis of determinations similar to those used as a
basis for establishing the original register. The method for
establishing, replenishing, and canceling such a register shall be
determined by the regulations. (L. 1945 p. 1157 § 19, A. 1949 S.B. 1018,
A.L. 1996 H.B. 1146)

1. No state disbursing or auditing officer shall make or approve
or take any part in making or approving any payment for personal service
to any person employed in a division of service subject to this chapter
unless such person is and employed in accordance with the provisions of
this chapter and the regulations adopted pursuant to this chapter.
Changes in employment conditions or status which are governed by this
chapter and the regulations adopted pursuant to this chapter shall be
subject to the same conditions. The director shall establish the
procedures necessary to secure compliance with this section.

2. Any sum paid contrary to any provision of this chapter or of any
regulations adopted pursuant to this chapter may be recovered for the
state in an action maintained by any citizen of Missouri, from any
officer who made, approved or authorized such payment or who signed or
countersigned a voucher, payroll, check or warrant for such payment, or
from the sureties on the official bond of any such officer. All moneys
recovered in any such action shall be paid into the state treasury. Any
citizen of Missouri may maintain a suit to restrain a disbursing officer
from making any payment in contravention of any provision of this
chapter, or of any regulations adopted pursuant to this chapter.

3. If the director wrongfully withholds certification of any employee
pursuant to this section, such employee may maintain a proceeding to
compel the director to make the appropriate certification. (L. 1945 p.
1157 § 34, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146)

In cooperation with appointing authorities the director shall
establish a system of service reports, which shall take into
consideration, among other things, the employee's conduct, performance,
and output. In such manner and with such weight as shall be provided in
the regulations, ratings assigned to such service reports shall be
considered in determining salary increases and decreases within the
limits established by law and by the pay plan; as a factor in promotional
examinations; as a factor in determining the order of layoff when forces
must be reduced because of lack of work or funds, and the order in which
names are to be placed on reinstatement registers; and as a means of
discovering employees who should be demoted, transferred or dismissed. In
such manner and at such time as the regulations may require, each
appointing authority shall report to the director on the services of
employees in his division. Any employee shall be given reasonable
opportunity to inspect the records of the department which show the
ratings assigned to his service reports. (L. 1945 p. 1157 § 31)

The regulations shall provide for the hours of work, holidays,
attendance, and leaves of absence in the various classes of positions
subject to this law. They shall contain provisions for annual leave, sick
leave, and special leaves of absence, with or without pay, or with
reduced pay, and may allow special extended leaves for employees disabled
through injury or illness arising out of their employment, and the
accumulation of annual leave and sick leave. Such regulations shall apply
in all state agencies. (L. 1945 p. 1157 § 32, A.L. 1979 H.B. 673)

CROSS REFERENCES: Military leave for public employees, RSMo 105.270 Sick
leave unused to be included in years of service, RSMo 104.601

In accordance with the regulations, an appointing authority may
lay off an employee in a position subject to this chapter whenever the
appointing authority deems it necessary by reason of shortage of work or
funds, or the abolition of a position or other material change in duties
or organization. No regular employee shall be laid off while a person is
employed on a provisional or temporary basis in the same class in that
division. The seniority and ability of employees to do the remaining work
shall be considered, in such manner as the regulations shall provide,
among the factors in determining the order of layoffs. The appointing
authority shall give written notice to the director of every proposed
layoff a reasonable time before the effective date thereof, and the
director shall take such action relating thereto as the director
considers necessary to secure compliance with the regulations. The name
of every regular employee so laid off shall be placed on the appropriate
reinstatement register. (L. 1945 p. 1157 § 35, A.L. 1996 H.B. 1146)

1. An appointing authority may, for disciplinary purposes,
suspend without pay any employee in his division for such length of time
as he considers appropriate, not exceeding twenty working days in any
twelve-month period except that this limitation shall not apply in the
event of a terminal suspension given in conjunction with a dismissal. In
case of a suspension, the director shall be furnished with a statement in
writing specifically setting forth the reasons for such suspension. Upon
request, a copy of such statement shall be furnished to such employee.
With the approval of the director, any employee may be suspended for a
longer period pending the investigation or trial of any charges against
him. Any regular employee who is suspended for more than five working
days shall have the right to appeal to the board as provided under
section 36.390.

2. An appointing authority may not suspend without pay any employee in
his division who is a member of the national guard and is engaged in the
performance of duty or training in the service of this state at the call
of the governor and as ordered by the adjutant general, but shall grant a
leave of absence from duty without loss of time, pay, regular leave,
impairment of efficiency rating, or of any other rights or benefits, to
which otherwise entitled, and shall pay that employee his salary or
compensation for the entire period of absence for that purpose. (L. 1945
p. 1157 § 36, A.L. 1973 1st Ex. Sess. H.B. 8, A.L. 1979 H.B. 673)

An appointing authority may dismiss for cause any employee in his
division occupying a position subject hereto when he considers that such
action is required in the interests of efficient administration and that
the good of the service will be served thereby. No dismissal of a regular
employee shall take effect unless, prior to the effective date thereof,
the appointing authority gives to such employee a written statement
setting forth in substance the reason therefor and files a copy of such
statement with the director. When it is not practicable to give the
notice of dismissal to an employee in person, it may be sent to the
employee by certified or registered mail, return receipt requested, at
his last mailing address as shown in the personnel records of the
appointing authority. Proof of refusal of the employee to accept delivery
or the inability of postal authorities to deliver such mail shall be
accepted as evidence that the required notice of dismissal has been
given. If the director determines that the statement of reasons for the
dismissal given by the appointing authority shows that such dismissal
does not reflect discredit on the character or conduct of the employee,
he may, upon request of the employee, approve reemployment under section
36.240, in any class in which the employee has held regular status. Any
regular employee who is dismissed shall have the right to appeal to the
board as provided under section 36.390. (L. 1945 p. 1157 § 37, A.L. 1973
1st Ex. Sess. H.B. 8, A.L. 1977 S.B. 98)

(1976) Held, a nonprobationary employee is entitled to a "due process"
hearing prior to discharge. Employee has a property interest in his
employment which is protected under the fourteenth amendment. Kennedy v.
Robb (CAMo.), 547 F.2d 408.

1. An applicant whose request for admission to any examination
has been rejected by the director may appeal to the board in writing
within fifteen days of the mailing of the notice of rejection by the
director, and in any event before the holding of the examination. The
board's decision on all matters of fact shall be final.

2. Applicants may be admitted to an examination pending a consideration
of the appeal, but such admission shall not constitute the assurance of a
passing grade in education and experience.

3. Any applicant who has taken an examination and who feels that he or
she has not been dealt with fairly in any phase of the examination
process may request that the director review his or her case. Such
request for review of any examination shall be filed in writing with the
director within thirty days after the date on which notification of the
results of the examination was mailed to the applicant. A candidate may
appeal the decision of the director in writing to the board. This appeal
shall be filed with the board within thirty days after date on which
notification of the decision of the director was mailed to the applicant.
The board's decision with respect to any changes shall be final, and
shall be entered in the minutes. A correction in the rating shall not
affect a certification or appointment which may have already been made
from the register.

4. An eligible whose name has been removed from a register for any of the
reasons specified in section 36.180 or in section 36.240 may appeal to
the board for reconsideration. Such appeal shall be filed in writing at
the office of the director within thirty days after the date on which
notification was mailed to the board. The board, after investigation,
shall make its decision which shall be recorded in the minutes and the
eligible shall be notified accordingly by the director.

5. Any regular employee who is dismissed or involuntarily demoted for
cause or suspended for more than five working days may appeal in writing
to the board within thirty days after the effective date thereof, setting
forth in substance the employee's reasons for claiming that the
dismissal, suspension or demotion was for political, religious, or racial
reasons, or not for the good of the service. Upon such appeal, both the
appealing employee and the appointing authority whose action is reviewed
shall have the right to be heard and to present evidence at a hearing
which, at the request of the appealing employee, shall be public. At the
hearing of such appeals, technical rules of evidence shall not apply.
After the hearing and consideration of the evidence for and against a
suspension, demotion, or dismissal, the board shall approve or disapprove
such action and may make any one of the following appropriate orders:

(1) Order the reinstatement of the employee to the employee's former
position;

(2) Sustain the dismissal of such employee;

(3) Except as provided in subdivisions (1) and (2) of this subsection,
the board may sustain the dismissal, but may order the director to
recognize reemployment rights for the dismissed employee pursuant to
section 36.240, in an appropriate class or classes, or may take steps to
effect the transfer of such employee to an appropriate position in the
same or another division of service.

6. Any order by the board under subsection 5 of this section shall be a
final decision on the merits and may be appealed as provided in chapter
536, RSMo.

7. After an order of reinstatement has been issued and all parties have
let the time for appeal lapse or have filed an appeal and that appeal
process has become final and the order of reinstatement has been
affirmed, the board shall commence a separate action to determine the
date of reinstatement and the amount of back pay owed to the employee.
This action may be done by hearing, or by affidavit, depositions, or
stipulations, or by agreement on the amount of back pay owed. If the
parties cannot reach an agreement as to how the parties shall be heard on
this separate action, then the board shall decide on the method through
its hearing officer. No hearing will be public unless requested to be
public by the employee.

8. The board shall establish such rules as may be necessary to give
effect to the provisions of this section. The rules may provide that the
board or the chairman of the board may delegate responsibility for the
conduct of investigations and the hearing of appeals provided pursuant to
any section of this chapter to a member of the board or to a hearing
officer designated by the board. Such hearing officer shall have the
power to administer oaths, subpoena witnesses, compel the production of
records pertinent to any hearing, and take any action in connection with
such hearing which the board itself is authorized to take by law other
than making the final decision and appropriate order. When the hearing
has been completed, the individual board member or the hearing officer
who conducted the hearing shall prepare a summary thereof and recommend a
findings of fact, conclusions of law, decision and appropriate order for
approval of the board. The board may adopt such recommendations in whole
or in part, require the production of additional testimony, reassign the
case for rehearing, or may itself conduct such new or additional hearing
as is deemed necessary prior to rendering a final decision. The board may
also establish rules which provide for alternative means of resolving one
or more of the types of appeals outlined in this section.

9. The provisions for appeals provided in subsection 5 of this section
for dismissals of regular merit employees may be adopted by nonmerit
agencies of the state for any or all employees of such agencies.

10. Agencies not adopting the provisions for appeals provided in
subsection 5 of this section shall adopt dismissal procedures
substantially similar to those provided for merit employees. However,
these procedures need not apply to employees in policy-making positions,
or to members of military or law enforcement agencies.

11. Hearings under this section shall be deemed to be a contested case
and the procedures applicable to the processing of such hearings and
determinations shall be those established by chapter 536, RSMo. Decisions
of the personnel advisory board shall be final and binding subject to
appeal by either party. Final decisions of the personnel advisory board
pursuant to this subsection shall be subject to review on the record by
the circuit court pursuant to chapter 536, RSMo. (L. 1945 p. 1157 § 38,
A.L. 1973 1st Ex. Sess. H.B. 8, A.L. 1977 S.B. 98, A.L. 1979 H.B. 673,
A.L. 1996 H.B. 1146, A.L. 2005 S.B. 149)

(1986) This section requires the board to calculate back pay to date of
wrongful discharge, but allows board to adjust such backpay by rule of
"avoidable consequences" and by an amount for costs and reasonable
attorneys' fees. DeSilva v. Director of Div. of Aging, 714 S.W.2d 690
(Mo.App.).

(1988) Attorney general was authorized to terminate an assistant attorney
general at any time and was not required to adopt a postdischarge hearing
procedure. Where more than one statute deals with the same subject, the
statutes should be harmonized when reasonable but to the extent of any
discord between them, the definite prevails. (Mo.App.) Wood v. Webster,
772 S.W.2d 1.

(1995) Secretary of state is an administrative officer of the state and
is authorized by law to make rules and to adjudicate contested cases.
Where agency is not defined for purposes of this chapter, court looked to
definitions in chapter 536, RSMo, the administrative procedures act, and
found the secretary of state's office is a state agency and is required
to establish procedures for dismissals of nonmerit employees in
compliance with procedures for dismissal of merit employees or to adopt
similar appeal procedures. Laws v. Secretary of State, 895 S.W.2d 43 (Mo.
App. W.D.).

(1996) Secretary of State's office is an agency within the meaning of
this section. Pace v. Moriarty, 83 F.3d 261 (8th Cir.).

The board, each member of the board, and the director shall have
power to administer oaths, subpoena witnesses, and compel the production
of books and papers pertinent to any investigation or hearing authorized
by this law. Any person who shall fail to appear in response to a
subpoena or to answer any question or produce any books or papers
pertinent to any such investigation or hearing, or who shall knowingly
give false testimony therein, shall be guilty of a misdemeanor. (L. 1945
p. 1157 § 39)

If any employee in a position subject to this law shall willfully
refuse or fail to appear before any court or judge, any legislative
committee, or any officer, board or body authorized to conduct any
hearing or inquiry, or having appeared shall refuse to testify or answer
any question relating to the affairs or government of the state or the
conduct of any state officer or employee on the ground that his testimony
or answers would tend to incriminate him, or shall refuse to waive
immunity from prosecution on account of any matter about which he may be
asked to testify at any such hearing or inquiry, he shall forfeit his
position and shall not be eligible for appointment to any position under
the provisions of this chapter. (L. 1945 p. 1157 § 40)

The records of the personnel division, except such records as the
regulations may require to be held confidential for reasons of public
policy, shall be public records and shall be open to public inspection,
subject to regulations as to the time and manner of inspection which may
be prescribed by the board. (L. 1945 p. 1157 § 42)

All officers and employees of the state and of municipalities and
political subdivisions of the state shall allow the personnel division
the reasonable use of public buildings under their control, and furnish
heat, light and furniture, for any examination, hearing or investigation
authorized by this law. The personnel division shall pay to a
municipality or political subdivision the reasonable cost of any such
facilities furnished by it. (L. 1945 p. 1157 § 41)

1. All officers and employees of the state under the provisions
of this chapter shall comply with and aid in all proper ways in carrying
out the provisions of this chapter and the regulations adopted
thereunder. All officers and employees shall furnish any records or
information which the director or the board may request for any purpose
of this law.

2. A state officer or employee under the provisions of this chapter who
shall fail to comply with any provision of this chapter or of any
regulation adopted thereunder shall be subject to all penalties and
remedies now or hereafter provided by law for the failure of a public
officer or employee to do any act required of him by law. The director
may maintain such action or proceeding at law or in equity as he
considers necessary or appropriate to secure compliance with this law and
the regulations adopted thereunder. (L. 1945 p. 1157 § 46)

The costs incurred in the administration of this law shall be
paid from the general revenue fund of this state; provided, however, that
the director shall, and he is hereby authorized to, enter into agreements
with agencies of the federal or state government which control grants of
money to the state for the administration of state laws enacted pursuant
to the federal Social Security Act or other federal laws or regulations
whereby the actual costs incurred in connection with the examination,
selection, promotion, transfer or discipline of employees of divisions of
the service charged with the administration of said laws shall be paid,
in whole or in part, from funds granted for the administration of such
laws. (L. 1945 p. 1157 § 46a, A.L. 1979 H.B. 673)

Any person holding any position of employment covered by the
provisions of this chapter who shall willfully violate any provision
hereof shall forfeit his or her position as well as his or her
eligibility rating and for a period of at least five years from and after
the date of such violation shall be ineligible for appointment to or
employment in any position covered by this law. (L. 1945 p. 1157 § 47)

1. Whenever any employee of the state of Missouri, who is
employed under the provisions of this chapter, is discharged from or
shall voluntarily quit such employment, the head of the department or
division employing the employee shall upon written request of the
employee, if the employment has been for a period of at least ninety
days, issue to the employee, upon his written request therefor, a letter
setting forth the nature and character of service rendered by the
employee, the duration thereof, and truly stating for what cause, if any,
the employee has been discharged from or has quit such employment.

2. The head of a department or division affected by this section, who
refuses to comply with this section, is guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine not to exceed one hundred
dollars.

3. There shall be no civil liability for refusing or failing to furnish
the letter herein provided except for willful and malicious refusal to
furnish such letter. (L. 1971 S.B. 31 § 1)

The personnel division shall collect information, provide
services, make studies and analyses as directed by the commissioner of
administration of personnel covered by the provisions of this chapter and
other systems in the executive branch of state government and to perform
any other service as directed by the commissioner or the governor to
promote uniformity in employment conditions and compensation of state
employees, provide aid to departments in personnel matters and to develop
a career system of state service that will enable the state to utilize
all its personnel in as efficient and effective a manner as possible
without restrictions of department, agency or other entity of the
executive branch of state government. (L. 1971 H.B. 384)

Effective 1-15-73

1. In addition to other duties specified elsewhere in this
chapter, it shall be the duty of the director to perform the following
functions in all agencies of state government:

(1) Develop, initiate and implement a central training program for
personnel in agencies of state government and encourage and assist in the
development of such specialized training activities as can best be
administered internally by such individual agencies;

(2) Establish a management trainee program and prescribe rules for the
establishment of a career executive service for the state;

(3) Formulate for approval of the board regulations regarding mandatory
training for persons employed in management positions in state agencies;

(4) Institute, coordinate and direct a statewide program for recruitment
of personnel in cooperation with appointing authorities in state agencies;

(5) Assist all state departments in setting productivity goals and in
implementing a standard system of performance appraisals;

(6) Establish and direct a central labor relations function for the state
which shall coordinate labor relations activities in individual state
agencies, including participation in negotiations and approval of
agreements relating to uniform wages, benefits and those aspects of
employment which have fiscal impact on the state; and

(7) Formulate rules for approval of the board and establish procedures
and standards relating to position classification and compensation of
employees which are designed to secure essential uniformity and
comparability among state agencies.

2. Any person who is employed in a position subject to merit system
regulations and who engaged in a strike or labor stoppage shall be
subject to the penalties provided by law. (L. 1979 H.B. 673, A.L. 1996
H.B. 1146)

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