Chapter 36 State Personnel Law (Merit System)
36.152 - Definitions.
For the purposes of sections 36.152 to 36.159, the following terms mean:
(1)"Contribution", as defined in chapter 130;
(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.
36.080 - Director — appointment — salary — removal.
1.The director shall be a person who is experienced in the principles and methods of personnel administration, who is familiar with and in sympathy with the application of merit principles and efficient methods of public administration.The director 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.
2.The personnel director shall not during his or her 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.The director may also assist the board with the search process and division of personnel resources may be used to advance the search process.
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 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 or her 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 no reason or for any reason.
36.180 - Examinations — accessibility and accommodations for persons with disabilities — rejection of applications — confidentiality of documents.
1.All examinations conducted by the director or an appointing authority shall be accessible to persons with disabilities.
2.A qualified applicant with a disability needing reasonable accommodations may request said accommodations to participate in the application process for positions subject to this chapter pursuant to subsection 1 of section 36.030 and those positions subject to this section pursuant to section 36.031.The director or the appointing authority filling the particular position shall provide reasonable accommodations to such.
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 application, application materials, examination papers, and any other document related to the selection process shall not be considered a public record, as that term is defined under section 610.010.
36.380 - Dismissal of employee — notice.
An appointing authority may dismiss for cause any regular employee in his or her division when he or she 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 notifying the employee of the decision and setting forth in substance the reason therefor.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 or her 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.Any regular employee who is dismissed shall have the right to appeal to the administrative hearing commission as provided under section 36.390.
36.280 - Transfer of employees — written notice to director.
An appointing authority may at any time assign a person employed in a position described under subsection 1 of section 36.030 or a person employed in a position in a department or agency of the executive branch of state government not exempted from section 36.031 from one position to another position in the same class in the appointing authority's division.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 appointing authorities of both divisions.Upon making either such assignment the transferring appointing authority shall forthwith give written notice of the appointing authority's action to the director.
36.190 - Notice of class or position openings — information to be given in notice.
1.Appropriate public notice shall be given for each class or position subject to this chapter pursuant to subsection 1 of section 36.030 sufficiently in advance and sufficiently widespread in scope to afford qualified persons who are interested a reasonable opportunity to apply.
2.Each public notice of an examination for a class or position subject to this chapter pursuant to subsection 1 of section 36.030 shall state the title, duties, pay and qualifications of the class or position, the time, place, and manner of making application, and any other information which may be considered pertinent and useful.
36.090 - Duties of personnel director.
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 the director elsewhere in this chapter, the director may 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 may:
(1)Establish and maintain a roster of all officers and employees subject to this chapter pursuant to subsection 1 of section 36.030 or pursuant to section 36.031, 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 and fix the compensation of such experts and special assistants as may be necessary to carry out effectively the provisions of this chapter;
(3)Investigate the effects of this chapter and the rules promulgated under this chapter and report his or her findings 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 or she may consider necessary or desirable to carry out the purposes and provisions of this chapter.
4.The director shall appoint a deputy or deputies.In case of the absence of the director or his or her inability from any cause to discharge the powers and duties of his or her office, such powers and duties shall devolve upon his or her deputy.
36.390 - Right of appeal, procedure, regulation — dismissal appeal procedure.
1.Any applicant for a position subject to this chapter pursuant to subsection 1 of section 36.030 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 fifteen days after the date on which notification of the results of the examination was sent to the applicant.A candidate may appeal the decision of the director in writing to the administrative hearing commission.This appeal shall be filed with the administrative hearing commission within fifteen days after date on which notification of the decision of the director was sent to the applicant.The commission's decision with respect to any changes shall be final, and shall be entered in the minutes.
2.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 administrative hearing commission 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.
3.Hearings under subsection 2 of 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.Decisions of the administrative hearing commission shall be final and binding subject to appeal by either party.Final decisions of the administrative hearing commission pursuant to this subsection shall be subject to review on the record by the circuit court pursuant to chapter 536.
36.157 - Prohibitions on political activities by state employees.
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.
36.100 - Director to prepare position classification plans.
1.The director shall ascertain the duties, authority and responsibilities of all positions subject to this chapter pursuant to subsection 1 of section 36.030, and all positions subject to this section pursuant to section 36.031.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 subject to this chapter pursuant to subsection 1 of section 36.030, and all positions subject to this section pursuant to section 36.031 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.
2.The classification plan may group positions with similar levels of responsibility or expertise into broad classification bands.
3.The director shall, in consultation with the agencies, eliminate and combine classes when possible, taking into consideration the recruitment, selection, and compensation of personnel in the various classes.
36.200 - Evaluation of qualifications of applicants.
The methods for evaluating the qualifications of each applicant for a position subject to this chapter pursuant to subsection 1 of section 36.030 shall be determined by the appointing authority.
36.159 - State employee not to be coerced into political activity — penalty.
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, 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.
36.500 - Personnel division to perform personnel studies and services as directed by commissioner.
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.
36.400 - Powers of commission to administer oaths and issue subpoenas.
The administrative hearing commission and each commissioner 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 chapter.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.
36.155 - Political activities by state employees permitted — prohibited activities.
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.
36.110 - Allocation of positions to appropriate classes, delegation of allocation authority — right of employees to be heard.
After consultation with appointing authorities, the director shall allocate each position subject to this chapter pursuant to subsection 1 of section 36.030 and each position subject to this section pursuant to section 36.031 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.
36.010 - Citation of law.
This chapter, together with any subsequent amendments thereto, shall be known and may be referred to as "The State Personnel Law".
36.410 - Failure of employee to testify — penalty.
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.
36.510 - Director's duties for all state agencies — strikes by merit system employees.
1.In addition to other duties specified elsewhere in this chapter the director may perform the following functions in some or 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 this chapter who engaged in a strike or labor stoppage shall be subject to the penalties provided by law.
36.330 - Director to certify employment rights of state and of employees.
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 adoptedpursuant 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.
36.130 - Appointments subject to approval of director.
Following the adoption of the classification plan and the allocation of classes therein, 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 chapter pursuant to subsection 1 of section 36.030 or a position in a department or agency of state government subject to this section pursuant to section 36.031 under a class title which has not been approved by the director as appropriate to the duties to be performed.
36.030 - Eleemosynary and penal institution personnel, administration of merit system — exemptions — employee suggestions, awards authorized — report, when.
1.(1)Employees in eleemosynary or penal institutions shall be selected on the basis of merit.
(2)So much of any agency that is required to maintain personnel standards on a merit basis by federal law or regulations for grant-in-aid programs shall, except for those positions specified in subsection 2 of this section, select employees on the basis of merit and maintain such standards as specified in this chapter and as otherwise required.
2.State agencies operating eleemosynary or penal institutions shall not domicile the following positions in such institutions and such positions shall not be selected in accordance with subsection 1 of this section:
(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;
(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;
(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, inmates, or residents in state penal institutions who work for the agency operating the eleemosynary or penal institution;
(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 two percent of a department's total authorized full-time equivalent workforce.
3.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.
4.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 3 of this section.
36.430 - Use of public buildings.
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.
36.320 - Promotional register.
1.The director may establish and maintain such promotional registers and registers of eligibles for the various locations or divisions of service subject to this chapter pursuant to subsection 1 of section 36.030 as the director deems necessary or desirable to meet the needs of the service.
2.The time during which a promotional register or register of eligibles remains in force shall be determined by the director so as to best meet the needs of the service.The director may consolidate or cancel promotional registers and registers of eligibles as the needs of the service require.
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 cancelling such a register may be determined by the regulations.
36.220 - Preference for veterans — exceptions.
1.In any competitive examination for the purpose of establishing a register of eligibles, veterans, disabled veterans, surviving spouses and spouses of disabled veterans shall be given preference.A veteran, or the surviving spouse of a veteran, a disabled veteran, or the spouse of a disabled veteran shall be given preference in appointment to a position subject to this chapter pursuant to subsection 1 of section 36.030 over other eligibles if all other relevant job-related factors are equal.
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.
36.020 - Definitions.
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", "class of positions", or "job class", 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)"Eleemosynary or penal institutions", an institution within state government holding, housing, or caring for inmates, patients, veterans, juveniles, or other individuals entrusted to or assigned to the state where it is anticipated that such individuals will be in residence for longer than one day.Eleemosynary or penal institutions shall not include elementary, secondary, or higher education institutions operated separately or independently from the foregoing institutions;
(10)"Eligible", a person whose name is on a register or who has been determined to meet the qualifications for a class or position;
(11)"Employee", shall include only those persons employed in excess of thirty-two hours per calendar week, for a duration that could exceed six months, by a state agency and shall not include patients, inmates, or residents in state eleemosynary or penal institutions who work for the state agency operating an eleemosynary or penal institutions;
(12)"Examination" or "competitive examination", a means of determining eligibility or fitness for a class or position;
(13)"Open competitive examination", a selection process for positions in a particular class, admission to which is not limited to persons employed in positions subject to this chapter pursuant to subsection 1 of section 36.030;
(14)"Promotional examination", a selection process for positions in a particular class, admission to which is limited to employees with regular status in positions subject to this chapter pursuant to subsection 1 of section 36.030;
(15)"Register of eligibles", a list, which may be restricted by locality, of persons who have been found qualified for appointment to a position subject to this chapter pursuant to subsection 1 of section 36.030;
(16)"Regular employee", a person employed in a position described under subdivision (2) of subsection 1 of section 36.030 who has successfully completed a probationary period as provided in section 36.250;
(17)"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;
(18)"Surviving spouse", the unmarried surviving spouse of a deceased disabled veteran or the unmarried survivor's spouse of 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;
(19)"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.
36.120 - Changes in or reallocation of positions.
1.Before establishing a new position in divisions of the service subject to this chapter pursuant to subsection 1 of section 36.030 or any new position in a department or agency of the executive branch of state government subject to this section pursuant to section 36.031, or before making any permanent and substantial change of the duties, authority or responsibilities of any such position, 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 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.
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.
36.420 - Records open for public inspection.
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.
36.225 - Competitive examination, parental preference — eligibility, effect.
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.Applicants entitled to parental preference shall be given such preference in appointments over other eligibles, excluding applicants eligible for a veteran's preference, if all other relevant job-related factors are equal.
36.025 - All state employees at-will, exceptions.
Except as otherwise provided in section 36.030, all employees of the state shall be employed at-will, may be selected in the manner deemed appropriate by their respective appointing authorities, shall serve at the pleasure of their respective appointing authorities, and may be discharged for no reason or any reason not prohibited by law, including section 105.055.
36.370 - Suspension of employees — exception for National Guard members, when — appeal from suspension authorized.
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 administrative hearing commission 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.
36.170 - Examinations, how conducted — agencies may administer.
1.The standards of education or experience expected for a position subject to this chapter pursuant to subsection 1 of section 36.030 shall be established on the basis of specified knowledge, skills, and abilities.The director or an appointing authority may conduct such open competitive and promotional examinations as appropriate to implement the provisions of subsection 1 of section 36.030.The examinations shall be of such character as to determine the qualifications, fitness and ability of the persons examined to perform the duties of the position or 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, or the director may delegate authority to agencies, to conduct examinations for some or all positions or job classes.When such action is taken, the director may establish standards and guidelines to be followed.
36.070 - Rules and regulations, authorized, procedure.
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 merit selection, uniform classification and pay, and covered appeals in accordance with the provisions of this chapter.
36.460 - Violation by employee — penalty.
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.
36.060 - Duties of board — rules generally, promulgation, procedure.
1.In addition to the duties imposed upon it elsewhere in this chapter, it shall be the duty of the board:
(1)To make any investigation which it may consider desirable concerning the administration of personnel subject to this chapter pursuant to subsection 1 of section 36.030 and all personnel of any department or agency of the executive branch of state government not exempted from section 36.031;
(2)To hold regular meetings with appointing authorities to propose methods of resolving general personnel problems;
(3)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 may evaluate the effectiveness of the personnel division and the appointing authorities in their operations under this chapter;
(4)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;
(5)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.
36.160 - Interference with fair examination or ratings — misdemeanor.
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.
36.031 - Applicability of merit system — director of personnel to notify affected agencies.
1.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, the department of higher education, the department of elementary and secondary education, the Missouri state highway patrol, 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, and those positions for which the constitution specifically provides the method of selection, classification, or compensation, and the positions specified in subsection 2 of section 36.030, departments, agencies and positions of the executive branch of state government shall be subject to the provisions of sections 36.100, 36.110, 36.120, 36.130, 36.140, and 36.180, and the regulations adopted pursuant to sections 36.100, 36.110, 36.120, 36.130, 36.140, and 36.180, 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.
2.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.
3.This section shall not extend coverage of any section of this chapter, except those specifically named in this section, to any department, agency, or employee of the executive branch of state government.In accordance with sections 36.100, 36.110, 36.120, 36.130, 36.140, and 36.180, 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.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.
4.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.
36.440 - Compliance with law — penalty for failure to comply.
1.All officers and employees of the state subject to provisions of this chapter, whether pursuant to subsection 1 of section 36.030 or pursuant to section 36.031, shall comply with and aid in all proper ways in carrying out the provisions of this chapter applicable to them 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 who shall fail to comply with any provision of this chapter or of any regulation adopted thereunder that is applicable to such person 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 or her by this chapter.The director may maintain such action or proceeding at law or in equity as he or she considers necessary or appropriate to secure compliance with this chapter and the regulations adopted thereunder.
36.040 - Personnel division, head, functions — administration of law, equal opportunity law.
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, and nonmerit selection procedures 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.
36.140 - Director to prepare pay plan.
1.After consultation with appointing authorities and the state fiscal officers, and after a public hearing following suitable notice, the director shall prepare and recommend to the board a pay plan for each class of positions subject to this chapter pursuant to subsection 1 of section 36.030 and each class of positions subject to this section pursuant to section 36.031.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 also provide for the use of open, or stepless, pay ranges.The pay plan may include provision for grouping of 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 pursuant to subsection 1 of section 36.030 and each class of positions subject to this section pursuant to section 36.031, 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 pursuant to subsection 1 of section 36.030 and positions subject to this section pursuant to section 36.031.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, may 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.
36.340 - Director may establish system of service reports.
In cooperation with appointing authorities the director may establish a system of service reports.Such service reports, if any, may 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 may be considered in determining salary increases and decreases within the limits established by law and by the pay plan; as a factor in promotional decisions; as a factor in determining 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 or her division.Any employee shall be given reasonable opportunity to inspect the records of the department which show the ratings assigned to his or her service reports.
36.240 - Appointing authorities, procedure to fill vacancies — director to certify for selection the names of available eligibles.
1.An appointing authority may fill one or more vacancies for positions subject to this chapter pursuant to subsection 1 of section 36.030 by submitting 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.Upon a request for certification, the director shall certify for selection the names of available eligibles.
3.When a position subject to this chapter pursuant to subsection 1 of section 36.030 is limited in duration, the director may certify any eligible who will accept employment under such conditions.A person appointed to a position under such conditions shall remain on the register and shall be eligible for certification to a permanent position until the register itself has expired.
4.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.
36.450 - Costs of administration, paid how.
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.
36.150 - Appointments and promotions, how made — no discrimination permitted — prohibited activities — violations, cause for dismissal.
1.Every appointment or promotion to a position covered by this chapter pursuant to subsection 1 of section 36.030 shall be made on the basis of merit as provided in this chapter.No such selection, appointment, or promotion shall be made on the basis of unlawful discrimination proscribed under Missouri law or any applicable federal law.The regulations shall prohibit such unlawful discrimination in other phases of employment and personnel administration.
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.
36.050 - Advisory board, members, appointment, terms, removal, compensation.
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 subject to this chapter pursuant to subsection 1 of section 36.030 or any department, agency, or position of the executive branch of state government not exempted from section 36.031, one a member of executive management, and one a nonmanagement employee.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.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.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.
36.250 - Probationary periods.
1.Every person appointed to a permanent position described under subdivision (2) of subsection 1 of section 36.030 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.
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.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.
36.350 - Sick and annual leaves — regulations to apply to all state agencies.
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.