Effective - 28 Aug 2018, 2 histories
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.
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(L. 1945 p. 1157 § 7, A. 1949 S.B. 1018, A.L. 1955 p. 575, A.L. 1963 p. 103, A.L. 1967 p. 116, A.L. 1971 S.B. 152, A.L. 1979 H.B. 673, A.L. 2018 S.B. 1007)
Structure Missouri Revised Statutes
Chapter 36 - State Personnel Law (Merit System)
Section 36.010 - Citation of law.
Section 36.025 - All state employees at-will, exceptions.
Section 36.031 - Applicability of merit system — director of personnel to notify affected agencies.
Section 36.040 - Personnel division, head, functions — administration of law, equal opportunity law.
Section 36.050 - Advisory board, members, appointment, terms, removal, compensation.
Section 36.060 - Duties of board — rules generally, promulgation, procedure.
Section 36.070 - Rules and regulations, authorized, procedure.
Section 36.080 - Director — appointment — salary — removal.
Section 36.090 - Duties of personnel director.
Section 36.100 - Director to prepare position classification plans.
Section 36.120 - Changes in or reallocation of positions.
Section 36.130 - Appointments subject to approval of director.
Section 36.140 - Director to prepare pay plan.
Section 36.155 - Political activities by state employees permitted — prohibited activities.
Section 36.157 - Prohibitions on political activities by state employees.
Section 36.159 - State employee not to be coerced into political activity — penalty.
Section 36.160 - Interference with fair examination or ratings — misdemeanor.
Section 36.170 - Examinations, how conducted — agencies may administer.
Section 36.190 - Notice of class or position openings — information to be given in notice.
Section 36.200 - Evaluation of qualifications of applicants.
Section 36.220 - Preference for veterans — exceptions.
Section 36.221 - Missouri National Guard members offered interview for merit positions, when.
Section 36.225 - Competitive examination, parental preference — eligibility, effect.
Section 36.250 - Probationary periods.
Section 36.280 - Transfer of employees — written notice to director.
Section 36.320 - Promotional register.
Section 36.330 - Director to certify employment rights of state and of employees.
Section 36.340 - Director may establish system of service reports.
Section 36.350 - Sick and annual leaves — regulations to apply to all state agencies.
Section 36.380 - Dismissal of employee — notice.
Section 36.390 - Right of appeal, procedure, regulation — dismissal appeal procedure.
Section 36.400 - Powers of commission to administer oaths and issue subpoenas.
Section 36.410 - Failure of employee to testify — penalty.
Section 36.420 - Records open for public inspection.
Section 36.430 - Use of public buildings.
Section 36.440 - Compliance with law — penalty for failure to comply.
Section 36.450 - Costs of administration, paid how.
Section 36.460 - Violation by employee — penalty.
Section 36.510 - Director's duties for all state agencies — strikes by merit system employees.