Effective - 28 Aug 2018, 2 histories
105.055. Reporting of mismanagement or violations of agencies, discipline of employee prohibited — appeal by employee from disciplinary actions, procedure — violation, penalties — civil action, when — auditor to investigate, when. — 1. As used in this section, the following terms mean:
(1) "Disciplinary action", any dismissal, demotion, transfer, reassignment, suspension, reprimand, warning of possible dismissal or withholding of work, regardless of whether the withholding of work has affected or will affect the employee's compensation;
(2) "Public employee", any employee, volunteer, intern, or other individual performing work or services for a public employer;
(3) "Public employer", any state agency or office, the general assembly, any legislative or governing body of the state, any unit or political subdivision of the state, or any other instrumentality of the state.
2. No supervisor or appointing authority of any public employer shall prohibit any employee of the public employer from discussing the operations of the public employer, either specifically or generally, with any member of the legislature, state auditor, attorney general, a prosecuting or circuit attorney, a law enforcement agency, news media, the public, or any state official or body charged with investigating any alleged misconduct described in this section.
3. No supervisor or appointing authority of any public employer shall:
(1) Prohibit a public employee from or take any disciplinary action whatsoever against a public employee for the disclosure of any alleged prohibited activity under investigation or any related activity, or for the disclosure of information which the employee reasonably believes evidences:
(a) A violation of any law, rule or regulation; or
(b) Mismanagement, a gross waste of funds or abuse of authority, violation of policy, waste of public resources, alteration of technical findings or communication of scientific opinion, breaches of professional ethical canons, or a substantial and specific danger to public health or safety, if the disclosure is not specifically prohibited by law;
(2) Require a public employee to give notice to the supervisor or appointing authority prior to disclosing any activity described in subdivision (1) of this subsection; or
(3) Prevent a public employee from testifying before a court, administrative body, or legislative body regarding the alleged prohibited activity or disclosure of information.
4. This section shall not be construed as:
(1) Prohibiting a supervisor or appointing authority from requiring that a public employee inform the supervisor or appointing authority as to legislative requests for information to the public employer or the substance of testimony made, or to be made, by the public employee to legislators on behalf of the public employer;
(2) Permitting a public employee to leave the employee's assigned work areas during normal work hours without following applicable rules and regulations and policies pertaining to leaves, unless the public employee is requested by a legislator or legislative committee to appear before a legislative committee;
(3) Authorizing a public employee to represent his or her personal opinions as the opinions of a public employer; or
(4) Restricting or precluding disciplinary action taken against a public employee if: the employee knew that the information was false; the information is closed or is confidential under the provisions of the open meetings law or any other law; or the disclosure relates to the employee's own violations, mismanagement, gross waste of funds, abuse of authority or endangerment of the public health or safety.
5. In addition to any other remedies provided by law, any state employee may file an administrative appeal whenever the employee alleges that disciplinary action was taken against the employee in violation of this section. The appeal shall be filed with the administrative hearing commission. The appeal shall be filed within one year of the alleged disciplinary action. Procedures governing the appeal shall be in accordance with chapter 536. If the commission finds that disciplinary action taken was taken for any reason that violates this section, the commission shall modify or reverse the agency's action and order such relief for the employee as the commission considers appropriate. If the commission finds a violation of this section, it may review and recommend to the appointing authority that the violator be suspended on leave without pay for not more than thirty days or, in cases of willful or repeated violations, may review and recommend to the appointing authority that the violator forfeit the violator's position as a state officer or employee and disqualify the violator for appointment to or employment as a state officer or employee for a period of not more than two years. The decision of the commission in such cases may be appealed by any party pursuant to law.
6. Each public employer shall prominently post a copy of this section in locations where it can reasonably be expected to come to the attention of all employees of the public employer.
7. (1) In addition to the remedies in subsection 5 of this section or any other remedies provided by law, a person who alleges a violation of this section may bring a civil action against the public employer for damages within one year after the occurrence of the alleged violation.
(2) A civil action commenced pursuant to this subsection may be brought in the circuit court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom the civil complaint is filed resides. A person commencing such action may request a trial by jury.
(3) A public employee shall show by clear and convincing evidence that he or she or a person acting on his or her behalf has reported or was about to report, verbally or in writing, a prohibited activity or a suspected prohibited activity. Upon such a showing, the burden shall be on the public employer to demonstrate that the disciplinary action was not the result of such a report.
(4) A court, in rendering a judgment in an action brought pursuant to this section, shall order, as the court considers appropriate, actual damages and may also award the complainant all or a portion of the costs of litigation, including reasonable attorney fees.
8. If the alleged misconduct is related to the receipt and expenditures of public funds, a public employee alleging that disciplinary action was taken against the employee in violation of this section may request the state auditor to investigate the alleged misconduct and whether the disciplinary action was taken in violation of this section. If the state auditor uses his or her discretion to make such an investigation, the time to appeal such disciplinary action under subsections 5 and 7 of this section shall be the later of one year from the date of the alleged disciplinary action or ninety days following the release of the state auditor's report.
9. The provisions of this section shall apply to public employees, notwithstanding any provisions of sections* 213.070 and * 285.575 to the contrary.
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(L. 1987 H.B. 659 § 1, A.L. 1993 S.B. 180, A.L. 2000 S.B. 788, A.L. 2004 H.B. 1548, A.L. 2010 H.B. 1868, A.L. 2018 S.B. 1007)
*Word "section" appears in original rolls.
Structure Missouri Revised Statutes
Title VIII - Public Officers and Employees, Bonds and Records
Chapter 105 - Public Officers and Employees — Miscellaneous Provisions
Section 105.006 - State officials and employees, effective date for salary adjustments, exception.
Section 105.010 - Terms of office.
Section 105.020 - Governor to commission certain officers.
Section 105.030 - Vacancies, how filled.
Section 105.040 - United States senator — vacancy, how filled.
Section 105.050 - Vacancy in certain offices — how filled.
Section 105.060 - Settlement of account with court.
Section 105.070 - Settlement to be entered of record.
Section 105.080 - Duplicate copies of record.
Section 105.090 - Payment to county treasurer of full amount.
Section 105.100 - Duplicate receipts for payment.
Section 105.110 - Delinquent settlements, how enforced.
Section 105.120 - Penalty on delinquents.
Section 105.130 - Treasurer to settle quarterly.
Section 105.150 - No state officer or clerk to deal in state stocks — penalty.
Section 105.160 - United States savings bonds — authorization for withholding.
Section 105.170 - Duties of commissioner of administration.
Section 105.180 - Termination of withholdings.
Section 105.190 - Incurrence of certain liabilities prohibited.
Section 105.200 - Warrant to represent sum withheld.
Section 105.201 - Office of administration to develop flexible benefit plan.
Section 105.210 - Officer may call aid, when.
Section 105.230 - Officer liable to party injured, when.
Section 105.240 - Officers may break doors, when.
Section 105.255 - Discrimination in hiring based on educational programs prohibited, when.
Section 105.260 - Certain laws to apply to St. Louis.
Section 105.265 - Life insurance benefits, effect of active military duty.
Section 105.266 - Leave of absence granted, state employees, bone marrow or organ donation.
Section 105.273 - Definitions.
Section 105.274 - Facsimile signature on public securities, instruments, or contracts, effect.
Section 105.275 - Facsimile seal, use, effect.
Section 105.276 - Fraudulent use of facsimile signature or seal, penalty.
Section 105.277 - Uniformity of interpretation.
Section 105.278 - Short title.
Section 105.300 - Definitions.
Section 105.310 - Federal-state agreement — contents — services covered.
Section 105.320 - Contributions by state.
Section 105.330 - Agreements with bistate instrumentality, how made.
Section 105.340 - Contributions by state employees, liability for — collection.
Section 105.350 - Agreements between the state and its political subdivisions — contents.
Section 105.360 - Nonapproval or termination of plan — hearing.
Section 105.370 - Contributions by political subdivisions and employees — liability for.
Section 105.375 - Officer compensated solely by fees to reimburse county for contributions.
Section 105.400 - Certification and transfer of state's share — contribution fund.
Section 105.420 - Additional appropriations for federal payments authorized.
Section 105.430 - Rules and regulations — publication.
Section 105.450 - Definitions.
Section 105.452 - Prohibited acts by elected and appointed public officials and employees.
Section 105.462 - Prohibited acts by persons with rulemaking authority — appearances — exceptions.
Section 105.464 - Prohibited acts by persons in judicial or quasi-judicial positions.
Section 105.467 - Discharge and discrimination prohibited, reasons — reinstatement.
Section 105.470 - Definitions.
Section 105.472 - Violation of law — complaint — oath.
Section 105.475 - Lobbyist exceptions.
Section 105.476 - Applicability of other provisions of law — additional standards.
Section 105.482 - Severability.
Section 105.483 - Financial interest statements — who shall file, exception.
Section 105.487 - Financial interest statements — filed, when, exception.
Section 105.489 - Financial interest statements — to be kept with filing officer.
Section 105.491 - Executive director of commission — duties.
Section 105.494 - Governor — appointment to certain boards or commissions prohibited.
Section 105.496 - Permanent select committee on ethics.
Section 105.498 - Out-of-state travel costs for full-time employees, reporting requirements.
Section 105.500 - Definitions.
Section 105.503 - Applicability — exceptions — federal law supersedes, when.
Section 105.530 - Law not to be construed as granting right to strike.
Section 105.533 - Constitution and bylaws, requirements — financial report, contents — definitions.
Section 105.535 - Officer and employee report, certain financial disclosures required.
Section 105.537 - Attorney-client information not to be included in reports, when.
Section 105.540 - Reports deemed public records — department regulations.
Section 105.545 - Maintenance of records, requirements.
Section 105.550 - Filing of reports, when.
Section 105.580 - Bargaining agreement, procedure — renewal — term of agreement, limitation.
Section 105.583 - Tentative agreement, requirements.
Section 105.585 - Labor agreements, limitations on.
Section 105.590 - Copies of agreement provided to public employees.
Section 105.595 - Civil action for violations.
Section 105.598 - Rulemaking authority.
Section 105.600 - Definitions.
Section 105.620 - Status of exchanged employees.
Section 105.630 - Travel expenses during assignment.
Section 105.650 - Travel expenses of persons assigned to this state.
Section 105.660 - Definitions, retirement benefit changes.
Section 105.662 - Public pension funds not to be commingled — trusteeship.
Section 105.663 - Retirement plan may appoint attorney as legal advisor.
Section 105.665 - Cost statement of proposed changes prepared by actuary — contents.
Section 105.667 - Gain or profit from funds or transactions of plan, prohibited when.
Section 105.670 - Cost statement available for inspection — effect of changes (general assembly).
Section 105.675 - Cost statement available for inspection (political subdivisions).
Section 105.679 - Contact information for retired members to be provided, when (St. Louis City).
Section 105.680 - Expenses for cost statements, how paid.
Section 105.683 - Plan deemed delinquent, when, effect of.
Section 105.685 - Effective date of changes.
Section 105.687 - Definitions.
Section 105.688 - Investment fiduciaries, duties.
Section 105.689 - Investment fiduciary may make investments in certain countries.
Section 105.690 - Selection of fiduciaries, preference to Missouri firms.
Section 105.712 - Dental primary care and preventative health services.
Section 105.725 - Confidentiality agreement, not to be required for claims paid.
Section 105.800 - State employee defined.
Section 105.820 - Option, who shall exercise.
Section 105.840 - Legislators, certain travel covered.
Section 105.850 - Sovereign immunity not waived.
Section 105.900 - Employee defined — limitations — tax exempt, when.
Section 105.905 - Deferred payment agreements authorized — funds, how invested.
Section 105.927 - State's contribution to participants in deferred compensation program.
Section 105.950 - Compensation of certain department heads.
Section 105.956 - Advisory opinion, withdrawn, when.
Section 105.958 - Designated decision-making public servant, notification.
Section 105.962 - Position created in ethics commission for electronic reporting system management.
Section 105.964 - Deadline for filing of reports extended, when — no extension, when.
Section 105.967 - Lobbyists not to serve on certain commissions.
Section 105.969 - Executive branch code of conduct — adoption.
Section 105.975 - Signature not required, when.
Section 105.977 - Attorney general to represent commission, exception.
Section 105.981 - Rules, effective, when — rules invalid and void, when.
Section 105.1000 - Definition.
Section 105.1005 - Withholding part of gross compensation of employees to fund plan.
Section 105.1020 - Political subdivisions may establish and administer other life insurance plans.
Section 105.1073 - Liability coverage to be provided — amounts of coverage.
Section 105.1075 - Eligible insurers — department of commerce and insurance to approve policies.
Section 105.1077 - Definitions.
Section 105.1079 - No waiver of sovereign immunity intended.
Section 105.1100 - Citation of law.
Section 105.1102 - Definitions.
Section 105.1114 - Administrative rules to be provided by state personnel advisory board, procedure.
Section 105.1200 - Guidelines for standardized audits, additional information may be requested.
Section 105.1216 - Hiring authorities to verify registration.