Effective - 28 Aug 2018, 2 histories
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 subject to this section pursuant to section 36.031, or before making any permanent and substantial change of the duties, authority or responsibilities of any such position, an appointing authority shall notify the director in writing of the appointing authority's intention to do so, except where the positions may be allocated by the appointing authority.
2. The director may at any time allocate any new position to a class, or change the allocation of any position to a class, or recommend to the board changes in the classification plan. Any change in the classification plan recommended by the director shall take effect when approved by the board, or on the ninetieth day after it is recommended to the board if prior thereto the board has not approved it. In case of necessity requiring the immediate establishment of a new class, the director may establish such a class on an interim basis pending approval of the class by the board as recommended by the director.
3. When the allocation of a position to a class is changed, the director shall notify the appointing authority. If allocation authority is delegated, the appointing authority shall notify the director of any changes in the allocation. If the position is filled at the time of reallocation to a class, the appointing authority shall immediately notify the incumbent of the position regarding the allocation change. If the incumbent does not agree with the new allocation, the incumbent may submit to the director a request for a review of the allocation of the position.
4. If any change is made in the classification plan by which a class of positions is divided, altered, or abolished, or classes are combined, the director shall forthwith reallocate the positions affected to their appropriate classes in the amended classification plan. An employee who is occupying a position reallocated to a different class shall, subject to the regulations, be given the same status in the new class as previously held in the class from which his or her position is reallocated.
5. After a class of positions has been approved by the board, the director is authorized to make such changes in the class title or in the statement of duties and qualifications for the class as the director finds necessary for current maintenance of the classification plan; provided, however, that changes which materially affect the nature and level of a class or which involve a change in salary range for the class shall be approved by the board.
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(L. 1945 p. 1157 § 13, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146, 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.