Title IV — EXECUTIVE BRANCH

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". ­­-------- (L. 1945 p. 1157 § 1, A.L. 1979 H.B. 673)

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 …

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 the…

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 …

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…

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 dep…

36.060. Duties of director — rules generally, promulgation, procedure. — 1. In addition to the duties imposed elsewhere in this chapter, it shall be the duty of the director: (1) To make any investigation which he or she may consider desirable concerning the administration of per…

36.070. Rules and regulations, authorized, procedure. — 1. The commissioner of administration shall have power to prescribe such rules and regulations not inconsistent with the provisions of this chapter as he or she deems suitable and necessary to carry out the provisions of thi…

36.080. Director — appointment — salary — removal. — 1. The director shall be a person, appointed by the commissioner of administration, who is experienced in the principles and methods of personnel administration, who is familiar with and in sympathy with the application of meri…

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 develo…

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 secti…

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.…

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 subjec…

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 communica…

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 a pay plan for each class of positions subject to this chapter pursuant to sub…

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 o…

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) "Par…

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 inte…

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 …

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,…

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 attemp…

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.…

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 qual…

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 sco…

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. ­­-------- (L. 1945 p. 1157 § 2…

[Repealed or reserved.]

36.221. Missouri National Guard members offered interview for merit positions, when. — In filling any position where employees are selected on the basis of merit under subsection 1 of section 36.030, the appointing authority shall offer an interview to every person who is or was …

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 …

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 submit…

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…

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 stat…

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…

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 cha…

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 o…

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,…

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…

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 t…

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 re…

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 au…

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 havi…

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 …

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 e…

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 carry…

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 fede…

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 le…

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 provisio…

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 imple…