Effective - 28 Aug 1996
36.330. Director to certify employment rights of state and of employees. — 1. No state disbursing or auditing officer shall make or approve or take any part in making or approving any payment for personal service to any person employed in a division of service subject to this chapter unless such person is and employed in accordance with the provisions of this chapter and the regulations adopted pursuant to this chapter. Changes in employment conditions or status which are governed by this chapter and the regulations adopted pursuant to this chapter shall be subject to the same conditions. The director shall establish the procedures necessary to secure compliance with this section.
2. Any sum paid contrary to any provision of this chapter or of any regulations adopted pursuant to this chapter may be recovered for the state in an action maintained by any citizen of Missouri, from any officer who made, approved or authorized such payment or who signed or countersigned a voucher, payroll, check or warrant for such payment, or from the sureties on the official bond of any such officer. All moneys recovered in any such action shall be paid into the state treasury. Any citizen of Missouri may maintain a suit to restrain a disbursing officer from making any payment in contravention of any provision of this chapter, or of any regulations adopted pursuant to this chapter.
3. If the director wrongfully withholds certification of any employee pursuant to this section, such employee may maintain a proceeding to compel the director to make the appropriate certification.
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(L. 1945 p. 1157 § 34, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146)
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.