State Codes and Statutes

Statutes > Missouri > T04 > C036 > 36_030

Personnel, administration of merit system--departmentsaffected--exemptions--employee suggestions, awards authorized.

36.030. 1. A system of personnel administration based on meritprinciples and designed to secure efficient administration is establishedfor all offices, positions and employees, except attorneys, of thedepartment of social services, the department of corrections, thedepartment of health and senior services, the department of naturalresources, the department of mental health, the division of personnel andother divisions and units of the office of administration, the division ofemployment security, mine safety and on-site consultation sections of thedivision of labor standards and administration operations of the departmentof labor and industrial relations, the division of tourism and jobdevelopment and training, the Missouri housing development commission, andthe office of public counsel of the department of economic development, theMissouri veterans commission, capitol police and state emergency managementagency of the department of public safety, such other agencies as may bedesignated by law, and such other agencies as may be required to maintainpersonnel standards on a merit basis by federal law or regulations forgrant-in-aid programs; except that, the following offices and positions ofthese agencies are not subject to this chapter and may be filled withoutregard to its provisions:

(1) Other provisions of the law notwithstanding, members of boardsand commissions, departmental directors, five principal assistantsdesignated by the departmental directors, division directors, and threeprincipal 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 membersof which are appointed by the governor or by a director of the department;

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

(4) Persons employed in work assignments with a geographic locationprincipally outside the state of Missouri and other persons whoseemployment is such that selection by competitive examination and standardclassification and compensation practices are not practical under all thecircumstances as determined by the board by rule;

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

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

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

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

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

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

2. All positions in the executive branch transferred to coveragepursuant to this chapter where incumbents of such positions have at leasttwelve months' prior service on the effective date of such transfer shallhave incumbency preference and shall be permitted to retain theirpositions, provided they meet qualification standards acceptable to thedivision of personnel of the office of administration. An employee withless than twelve months of prior service on the effective date of suchtransfer or an employee who is appointed to such position after theeffective date of such transfer and prior to the classification andallocation of the position by the division of personnel shall be permittedto retain his or her position, provided he or she meets acceptablequalification standards and subject to successful completion of a workingtest period which shall not exceed twelve months of total service in theposition. After the allocation of any position to an establishedclassification, such position shall thereafter be filled only in accordancewith all provisions of this chapter.

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

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

5. At the request of the senate or the house of representatives, thecommissioner of administration shall submit a report on the employeesuggestion 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, A.L. 2007 H.B. 461)

Effective 7-01-07

State Codes and Statutes

Statutes > Missouri > T04 > C036 > 36_030

Personnel, administration of merit system--departmentsaffected--exemptions--employee suggestions, awards authorized.

36.030. 1. A system of personnel administration based on meritprinciples and designed to secure efficient administration is establishedfor all offices, positions and employees, except attorneys, of thedepartment of social services, the department of corrections, thedepartment of health and senior services, the department of naturalresources, the department of mental health, the division of personnel andother divisions and units of the office of administration, the division ofemployment security, mine safety and on-site consultation sections of thedivision of labor standards and administration operations of the departmentof labor and industrial relations, the division of tourism and jobdevelopment and training, the Missouri housing development commission, andthe office of public counsel of the department of economic development, theMissouri veterans commission, capitol police and state emergency managementagency of the department of public safety, such other agencies as may bedesignated by law, and such other agencies as may be required to maintainpersonnel standards on a merit basis by federal law or regulations forgrant-in-aid programs; except that, the following offices and positions ofthese agencies are not subject to this chapter and may be filled withoutregard to its provisions:

(1) Other provisions of the law notwithstanding, members of boardsand commissions, departmental directors, five principal assistantsdesignated by the departmental directors, division directors, and threeprincipal 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 membersof which are appointed by the governor or by a director of the department;

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

(4) Persons employed in work assignments with a geographic locationprincipally outside the state of Missouri and other persons whoseemployment is such that selection by competitive examination and standardclassification and compensation practices are not practical under all thecircumstances as determined by the board by rule;

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

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

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

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

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

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

2. All positions in the executive branch transferred to coveragepursuant to this chapter where incumbents of such positions have at leasttwelve months' prior service on the effective date of such transfer shallhave incumbency preference and shall be permitted to retain theirpositions, provided they meet qualification standards acceptable to thedivision of personnel of the office of administration. An employee withless than twelve months of prior service on the effective date of suchtransfer or an employee who is appointed to such position after theeffective date of such transfer and prior to the classification andallocation of the position by the division of personnel shall be permittedto retain his or her position, provided he or she meets acceptablequalification standards and subject to successful completion of a workingtest period which shall not exceed twelve months of total service in theposition. After the allocation of any position to an establishedclassification, such position shall thereafter be filled only in accordancewith all provisions of this chapter.

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

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

5. At the request of the senate or the house of representatives, thecommissioner of administration shall submit a report on the employeesuggestion 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, A.L. 2007 H.B. 461)

Effective 7-01-07


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T04 > C036 > 36_030

Personnel, administration of merit system--departmentsaffected--exemptions--employee suggestions, awards authorized.

36.030. 1. A system of personnel administration based on meritprinciples and designed to secure efficient administration is establishedfor all offices, positions and employees, except attorneys, of thedepartment of social services, the department of corrections, thedepartment of health and senior services, the department of naturalresources, the department of mental health, the division of personnel andother divisions and units of the office of administration, the division ofemployment security, mine safety and on-site consultation sections of thedivision of labor standards and administration operations of the departmentof labor and industrial relations, the division of tourism and jobdevelopment and training, the Missouri housing development commission, andthe office of public counsel of the department of economic development, theMissouri veterans commission, capitol police and state emergency managementagency of the department of public safety, such other agencies as may bedesignated by law, and such other agencies as may be required to maintainpersonnel standards on a merit basis by federal law or regulations forgrant-in-aid programs; except that, the following offices and positions ofthese agencies are not subject to this chapter and may be filled withoutregard to its provisions:

(1) Other provisions of the law notwithstanding, members of boardsand commissions, departmental directors, five principal assistantsdesignated by the departmental directors, division directors, and threeprincipal 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 membersof which are appointed by the governor or by a director of the department;

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

(4) Persons employed in work assignments with a geographic locationprincipally outside the state of Missouri and other persons whoseemployment is such that selection by competitive examination and standardclassification and compensation practices are not practical under all thecircumstances as determined by the board by rule;

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

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

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

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

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

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

2. All positions in the executive branch transferred to coveragepursuant to this chapter where incumbents of such positions have at leasttwelve months' prior service on the effective date of such transfer shallhave incumbency preference and shall be permitted to retain theirpositions, provided they meet qualification standards acceptable to thedivision of personnel of the office of administration. An employee withless than twelve months of prior service on the effective date of suchtransfer or an employee who is appointed to such position after theeffective date of such transfer and prior to the classification andallocation of the position by the division of personnel shall be permittedto retain his or her position, provided he or she meets acceptablequalification standards and subject to successful completion of a workingtest period which shall not exceed twelve months of total service in theposition. After the allocation of any position to an establishedclassification, such position shall thereafter be filled only in accordancewith all provisions of this chapter.

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

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

5. At the request of the senate or the house of representatives, thecommissioner of administration shall submit a report on the employeesuggestion 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, A.L. 2007 H.B. 461)

Effective 7-01-07