State Codes and Statutes
Statutes > Missouri > T04 > C036 > 36_280Transfer of employees--noncompetitive examination required when.
36.280. 1. An appointing authority may at any time assign anemployee from one position to another position in the same class in theappointing authority's division; except that, transfers of employees madebecause of a layoff, or shortage of work or funds which might require alayoff, shall be governed by the regulations. Upon making such anassignment the appointing authority shall forthwith give written notice ofthe appointing authority's action to the director. A transfer of anemployee from a position in one division to a position in the same class inanother division may be made with the approval of the director and of theappointing authorities of both divisions. No employee shall be transferredfrom a position in one class to a position in another class of a higherrank or for which there are substantially dissimilar requirements forappointment unless the employee is appointed to such latter position aftercertification of the employee's name from a register in accordance with theprovisions of this chapter. Any change of an employee from a position inone class to a position in a class of lower rank shall be considered ademotion and shall be made only in accordance with the procedure prescribedby section 36.380 for cases of dismissal. An employee thus involuntarilydemoted shall have the right to appeal to the board pursuant to section36.390.
2. An employee who has successfully served at least one year in aposition not subject to subsection 1 of section 36.030, but which issubject to section 36.031, may be transferred to a position subject tosubsection 1 of section 36.030 in the same class with the approval of thedirector and of the appointing authorities of both divisions, provided heor she possesses the qualifications and has successfully completed anoncompetitive examination for the position involved.
(L. 1945 p. 1157 § 29, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146)
