EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 110
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR BERNSKOETTER.
0875S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 36.020, 36.030, 36.050, 36.060, 36.070, 36.080, 36.090, 36.100, 36.120,
36.140, 36.250, 36.440, 36.510, 37.010, 105.950, 105.1114, and 288.220, RSMo, and
to enact in lieu thereof sixteen new sections relating to the administration of the state
personnel law.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 36.020, 36.030, 36.050, 36.060, 1
36.070, 36.080, 36.090, 36.100, 36.120, 36.140, 36.250, 36.440, 2
36.510, 37.010, 105.950, 105.1114, and 288.220, RSMo, are 3
repealed and sixteen new sections enacted in lieu thereof, to 4
be known as sections 36.020, 36 .030, 36.060, 36.070, 36.080, 5
36.090, 36.100, 36.120, 36.140, 36.250, 36.440, 36.510, 37.010, 6
105.950, 105.1114, and 288.220, to read as follows:7
36.020. Unless the context clearly requires otherwise, 1
the following terms mean: 2
(1) "Agency", "state agency" or "agency of the state", 3
each department, board, commission or office of the state 4
except for offices of the elected officials, the general 5
assembly, the judiciary and academic institutions; 6
(2) "Appointing authority", an officer or agency 7
subject to this chapter having power to make appointments; 8
(3) ["Board", the personnel advisory board as 9
established by section 36.050; 10
(4)] "Broad classification band", a grouping of 11
positions with similar levels of responsibility o r expertise; 12 SB 110 2
[(5)](4) "Class", "class of positions", or "job 13
class", a group of positions subject to this chapter 14
sufficiently alike in duties, authority and responsibilities 15
to justify the same qualifications and the same schedule of 16
pay to all positions in the group; 17
[(6)](5) "Director", the director of the division of 18
personnel of the office of administration; 19
[(7)](6) "Disabled veteran", a veteran who has served 20
on active duty in the Armed Forces at any time who receives 21
compensation as a result of a service -connected disability 22
claim allowed by the federal agency responsible for the 23
administration of veteran's affairs, or who receives 24
disability retirement or disability pension benefits from a 25
federal agency as a result of s uch a disability or a 26
National Guard veteran who was permanently disabled as a 27
result of active service to the state at the call of the 28
governor; 29
[(8)](7) "Division of service" or "division", a state 30
department or any division or branch of the st ate, or any 31
agency of the state government, all the positions and 32
employees in which are under the same appointing authority; 33
[(9)](8) "Eleemosynary or penal institutions", an 34
institution within state government holding, housing, or 35
caring for inmates, patients, veterans, juveniles, or other 36
individuals entrusted to or assigned to the state where it 37
is anticipated that such individuals will be in residence 38
for longer than one day. Eleemosynary or penal institutions 39
shall not include elementar y, secondary, or higher education 40
institutions operated separately or independently from the 41
foregoing institutions; 42 SB 110 3
[(10)](9) "Eligible", a person whose name is on a 43
register or who has been determined to meet the 44
qualifications for a class or p osition; 45
[(11)](10) "Employee", shall include only those 46
persons employed in excess of thirty -two hours per calendar 47
week, for a duration that could exceed six months, by a 48
state agency and shall not include patients, inmates, or 49
residents in state eleemosynary or penal institutions who 50
work for the state agency operating an eleemosynary or penal 51
institutions; 52
[(12)](11) "Examination" or "competitive examination", 53
a means of determining eligibility or fitness for a class or 54
position; 55
[(13)](12) "Open competitive examination", a selection 56
process for positions in a particular class, admission to 57
which is not limited to persons employed in positions 58
subject to this chapter pursuant to subsection 1 of section 59
36.030; 60
[(14)](13) "Promotional examination", a selection 61
process for positions in a particular class, admission to 62
which is limited to employees with regular status in 63
positions subject to this chapter pursuant to subsection 1 64
of section 36.030; 65
[(15)](14) "Register of eligibles", a list, which may 66
be restricted by locality, of persons who have been found 67
qualified for appointment to a position subject to this 68
chapter pursuant to subsection 1 of section 36.030; 69
[(16)](15) "Regular employee", a person em ployed in a 70
position described under subdivision (2) of subsection 1 of 71
section 36.030 who has successfully completed a probationary 72
period as provided in section 36.250; 73 SB 110 4
[(17)](16) "State equal employment opportunity 74
officer", the individual des ignated by the governor or the 75
commissioner of administration as having responsibility for 76
monitoring the compliance of the state as an employer with 77
applicable equal employment opportunity law and regulation 78
and for leadership in efforts to establish a state workforce 79
which reflects the diversity of Missouri citizens at all 80
levels of employment; 81
[(18)](17) "Surviving spouse", the unmarried surviving 82
spouse of a deceased disabled veteran or the unmarried 83
surviving spouse of any person who was killed while on 84
active duty in the Armed Forces of the United States or an 85
unmarried surviving spouse of a National Guard veteran who 86
was killed as a result of active service to the state at the 87
call of the governor; 88
[(19)](18) "Veteran", any person who is a citizen of 89
this state who has been separated under honorable conditions 90
from the Armed Forces of the United States who served on 91
active duty during peacetime or wartime for at least six 92
consecutive months, unless released early as a result of a 93
service-connected disability or a reduction in force at the 94
convenience of the government, or any member of a reserve or 95
National Guard component who has satisfactorily completed at 96
least six years of service or who was called or ordered to 97
active duty by the President and participated in any 98
campaign or expedition for which a campaign badge or service 99
medal has been authorized. 100
36.030. 1. (1) Employees in eleemosynary or penal 1
institutions shall be selected on the basis of merit. 2
(2) So much of any agency that is required to maintain 3
personnel standards on a merit basis by federal law or 4
regulations for grant -in-aid programs shall, except for 5 SB 110 5
those positions specified in subsection 2 of this section, 6
select employees on the basis of merit and maintain such 7
standards as specified in this chapter and as otherwise 8
required. 9
2. State agencies operating eleemosynary or penal 10
institutions shall not domicile the following positions in 11
such institutions and suc h positions shall not be selected 12
in accordance with subsection 1 of this section: 13
(1) Other provisions of the law notwithstanding, 14
members of boards and commissions, departmental directors, 15
five principal assistants designated by the departmental 16
directors, division directors, and three principal 17
assistants designated by each division director; 18
(2) One principal assistant for each board or 19
commission, the members of which are appointed by the 20
governor or by a director of the department; 21
(3) Chaplains and attorneys; 22
(4) Persons employed in work assignments with a 23
geographic location principally outside the state of 24
Missouri and other persons whose employment is such that 25
selection by competitive examination and standard 26
classification and compensation practices are not practical 27
under all the circumstances as determined by the 28
[board]director by rule; 29
(5) Patients, inmates, or residents in state penal 30
institutions who work for the agency operating the 31
eleemosynary or penal institution; 32
(6) Persons employed in an internship capacity in a 33
state department or institution as a part of their formal 34
training, at a college, university, business, trade or other 35
technical school; except that, by appropriate resoluti on of 36
the governing authorities of any department or institution, 37 SB 110 6
the personnel division may be called upon to assist in 38
selecting persons to be appointed to internship positions; 39
(7) The administrative head of each state medical, 40
penal and correctional institution, as warranted by the size 41
and complexity of the organization and as approved by the 42
[board]director; 43
(8) Deputies or other policy -making assistants to the 44
exempt head of each division of service, as warranted by the 45
size or complexity of the organization and in accordance 46
with the rules promulgated by the [personnel advisory 47
board]director; 48
(9) Special assistants as designated by an appointing 49
authority; except that, the number of such special 50
assistants shall not exc eed two percent of a department's 51
total authorized full -time equivalent workforce. 52
3. To encourage all state employees to improve the 53
quality of state services, increase the efficiency of state 54
work operations, and reduce the costs of state progra ms, the 55
director [of the division of personnel ] shall establish 56
employee recognition programs, including a statewide 57
employee suggestion system. The director shall determine 58
reasonable rules and shall provide reasonable standards for 59
determining the monetary awards, not to exceed five thousand 60
dollars, under the employee suggestion system. 61
4. At the request of the senate or the house of 62
representatives, the commissioner of administration shall 63
submit a report on the employee suggestion award program 64
described in subsection 3 of this section. 65
36.060. 1. In addition to the duties imposed upon it 1
elsewhere in this chapter, it shall be the duty of the 2
[board]director: 3 SB 110 7
(1) To make any investigation which [it]he or she may 4
consider desirable concerning the administration of 5
personnel subject to this chapter pursuant to subsection 1 6
of section 36.030 and all personnel of any department or 7
agency of the executive branch of state government not 8
exempted from section 36 .031; 9
(2) To hold regular meetings with appointing 10
authorities to propose methods of resolving general 11
personnel problems; 12
(3) [To make annual reports, and such special reports 13
as it considers desirable, to the governor and the general 14
assembly regarding personnel administration in the state 15
service and recommendations there. These special reports 16
may evaluate the effectiveness of the personnel division and 17
the appointing authorities in their operations under this 18
chapter; 19
(4)] To make such suggestions and recommendations to 20
the governor and the [director]commissioner of 21
administration relating to the state's employment policies 22
as will promote morale, efficiency and uniformity in 23
compensation of the various employees in the st ate service; 24
[(5)](4) To promulgate rules and regulations on behalf 25
of the commissioner of administration to ensure that no 26
applicant or employee is discriminated against on the basis 27
of race, creed, color, religion, national origin, sex, 28
ancestry or handicap. 29
2. No rule or portion of a rule promulgated under the 30
authority of this chapter shall become effective unless it 31
has been promulgated pursuant to the provisions of section 32
536.024. 33
36.070. 1. The [board]commissioner of administration 1
shall have power to prescribe such rules and regulations not 2 SB 110 8
inconsistent with the provisions of this chapter as [it]he 3
or she deems suitable and necessary to carry out the 4
provisions of this chapter. Such rules and regulations 5
shall be effective when filed with the secretary of state as 6
provided by law. 7
2. The [board]commissioner of administration shall 8
prescribe by rule the procedures for merit selection, 9
uniform classification and pay, and covered appeals in 10
accordance with the provisions of this chapter. 11
3. As of August 28, 2023, the rules of the personnel 12
advisory board previously established by this chapter shall 13
become rules of the commissioner of administration. 14
36.080. 1. The director shall be a person , appointed 1
by the commissioner of administration, who is experienced in 2
the principles and methods of personnel administration, who 3
is familiar with and in sympathy with the application of 4
merit principles [and]or other efficient methods of public 5
administration. The director shall be appointed for a term 6
of four years beginning on July first following the election 7
of a governor, which term may be renewed at its expiration 8
at the option of the governor. 9
2. The personnel director shall not during his or her 10
term of office, or for one year prior thereto: 11
(1) Be a member of any local, state or national 12
committee of a political party; 13
(2) Be a member of any partisan political club or 14
organization; 15
(3) Actively participate in any partisan political 16
campaign; or 17
(4) Hold or be a candidate for any partisan public 18
office. 19 SB 110 9
3. [Upon an impending or actual vacancy in the 20
position of director, the board shall publicly solicit 21
applications for the po sition and prepare and submit to the 22
governor a list of the five most qualified applicants. In 23
the course of preparing such a list the board may engage the 24
services of persons experienced in personnel administration 25
as consultants to assist it in exam ining and determining the 26
best qualified available persons for appointment as 27
director. The board shall be authorized to pay, out of the 28
funds appropriated to it, the necessary travel and other 29
expenses of any consultants engaged under the provisions of 30
this section, and may also defray the travel expenses of 31
candidates for the position who are requested to report for 32
an interview. The director may also assist the board with 33
the search process and division of personnel resources may 34
be used to advance the search process. 35
4. The provisions of subdivision (2) of subsection 5 36
of section 1 of the Reorganization Act of 1974 37
notwithstanding, the total compensation of any director 38
shall not exceed the statutory salary of department heads. 39
5. The provisions of subsection 8 of section 15 of the 40
Reorganization Act of 1974 notwithstanding, the governor 41
shall appoint to the position of director, without regard to 42
his or her political affiliation and subject to the advice 43
and consent of the s enate, one of the persons named on the 44
list submitted by the board. 45
6.] The director may be removed by the 46
[board]commissioner of administration for no reason or for 47
any reason not prohibited by law . 48
36.090. 1. The director, as executive head of the 1
personnel division, shall direct and supervise all its 2
administrative and technical activities. In addition to the 3 SB 110 10
duties imposed upon the director elsewhere in this chapter, 4
the director may develop in cooperation with appoint ing 5
authorities a management training program, a recruiting 6
program, and a system of performance appraisals, and [to]may 7
assist appointing authorities in the setting of productivity 8
goals. 9
2. [The director shall assist the board in the 10
performance of its functions and attend board meetings. 11
3.] The director may: 12
(1) Establish and maintain a roster of all officers 13
and employees subject to this chapter pursuant to subsection 14
1 of section 36.030 or pursuant to section 36.031, in which 15
there shall be set forth, as to each employee, a record of 16
the class title of the position held; the salary or pay; any 17
change in class title, pay or status, and such other data as 18
may be deemed desirable to produce significant facts 19
pertaining to personnel administration; 20
(2) Appoint and fix the compensation of such experts 21
and special assistants as may be necessary to carry out 22
effectively the provisions of this chapter; 23
(3) Investigate the effects of this chapter and the 24
rules promulgated under this chapter and report his or her 25
findings and recommendations to the [board]commissioner of 26
administration and the governor; 27
(4) Make annual reports concerning the work of the 28
division, problems in personnel management, and actions 29
taken or to be taken by the division to resolve those 30
problems; 31
(5) Perform any other lawful act which he or she may 32
consider necessary or desirable to carry out the purposes 33
and provisions of this chapter. 34 SB 110 11
[4.]3. The director shall appoint a deputy or 35
deputies. In case of the absence of the director or his or 36
her inability from any cause to discharge the powers and 37
duties of his or her office, such powers and duties shall 38
devolve upon his or her deputy or deputies. 39
36.100. 1. The director shall ascertain the duties, 1
authority and responsibilities of all positions subject to 2
this chapter pursuant to subsection 1 of section 36.030, and 3
all positions subject to this section pursuant to section 4
36.031. After consultation with the appointing authorities, 5
the director shall prepare [and recommend to the board ], and 6
maintain on a continuing basis, a position classification 7
plan, which shall group all positions subject to this 8
chapter pursuant to subsection 1 of secti on 36.030, and all 9
positions subject to this section pursuant to section 36.031 10
in classes, based on their duties, authority and 11
responsibilities. Except as provided in subsection 2 of 12
this section, the position classification plan shall set 13
forth, for each class of positions, a class title and a 14
statement of the duties, authority and responsibilities 15
thereof, and the qualifications that are necessary or 16
desirable for the satisfactory performance of the duties of 17
the class; provided, that no plan shall be adopted which 18
prohibits the substitution of experience for education for 19
each class of positions, except that, the [board]director 20
may determine that there is no equivalent substitution in 21
particular cases. Classifications should be sufficien tly 22
broad in scope to include as many comparable positions as 23
possible both on an intra - and inter-departmental basis. 24
2. The classification plan may group positions with 25
similar levels of responsibility or expertise into broad 26
classification bands. 27 SB 110 12
3. The director shall, in consultation with the 28
agencies, eliminate and combine classes when possible, 29
taking into consideration the recruitment, selection, and 30
compensation of personnel in the various classes. 31
36.120. 1. Before establishing a new position in 1
divisions of the service subject to this chapter pursuant to 2
subsection 1 of section 36.030 or any new position in a 3
department or agency of the executive branch of state 4
government subject to this section pursuant to section 5
36.031, or before making any permanent and substantial 6
change of the duties, authority or responsibilities of any 7
such position, an appointing authority shall notify the 8
director in writing of the appointing authority's intention 9
to do so, except where the positions may be allocated by the 10
appointing authority. 11
2. The director may at any time allocate any new 12
position to a class, or change the allocation of any 13
position to a class, or [recommend to the board ]make changes 14
in the classification plan. [Any change in the 15
classification plan recommended by the director shall take 16
effect when approved by the board, or on the ninetieth day 17
after it is recommended to the board if prior thereto the 18
board has not approved it. In case of necessity requiring 19
the immediate establishment of a new class, the director may 20
establish such a class on an interim basis pending approval 21
of the class by the board as recommended by the director. ] 22
3. When the allocation of a position to a cla ss is 23
changed, the director shall notify the appointing 24
authority. If allocation authority is delegated, the 25
appointing authority shall notify the director of any 26
changes in the allocation. If the position is filled at the 27
time of reallocation to a class, the appointing authority 28 SB 110 13
shall immediately notify the incumbent of the position 29
regarding the allocation change. If the incumbent does not 30
agree with the new allocation, the incumbent may submit to 31
the director a request for a review of the all ocation of the 32
position. 33
4. If any change is made in the classification plan by 34
which a class of positions is divided, altered, or 35
abolished, or classes are combined, the director shall 36
forthwith reallocate the positions affected to their 37
appropriate classes in the amended classification plan. An 38
employee who is occupying a position reallocated to a 39
different class shall, subject to the regulations, be given 40
the same status in the new class as previously held in the 41
class from which his or h er position is reallocated. 42
5. [After a class of positions has been approved by 43
the board,] The director is authorized to make such changes 44
in the class title or in the statement of duties and 45
qualifications for [the]a new class as the director fi nds 46
necessary for current maintenance of the classification 47
plan[; provided, however, that changes which materially 48
affect the nature and level of a class or which involve a 49
change in salary range for the class shall be approved by 50
the board]. 51
36.140. 1. After consultation with appointing 1
authorities and the state fiscal officers, and after a 2
public hearing following suitable notice, the director shall 3
prepare [and recommend to the board ] a pay plan for each 4
class of positions subject to this chapter pursuant to 5
subsection 1 of section 36.030 and each class of positions 6
subject to this section pursuant to section 36.031. The pay 7
plan shall include, for each class of positions, a minimum 8
and a maximum rate, and such provision for intermediate 9 SB 110 14
rates as the director considers necessary or equitable. The 10
pay plan may also provide for the use of open, or stepless, 11
pay ranges. The pay plan may include provision for grouping 12
of positions with similar levels of respons ibility or 13
expertise into broad classification bands for purposes of 14
determining compensation and for such salary differentials 15
and other pay structures as the director considers necessary 16
or equitable. In establishing the rates, the director shall 17
give consideration to the experience in recruiting for 18
positions in the state service, the rates of pay prevailing 19
in the state for the services performed, and for comparable 20
services in public and private employment, living costs, 21
maintenance, or other benefits received by employees, and 22
the financial condition and policies of the state. These 23
considerations shall be made on a statewide basis and shall 24
not make any distinction based on geographical areas or 25
urban and rural conditions. The pay plan shall take effect 26
when approved by [the board and] the governor, and each 27
employee appointed to a position subject to this chapter 28
pursuant to subsection 1 of section 36.030 and each class of 29
positions subject to this section pursuant to section 30
36.031, after the adoption of the pay plan shall be paid 31
according to the provisions of the pay plan for the position 32
in which he or she is employed; provided, that the 33
commissioner of administration certifies that there are 34
funds appropriated and availabl e to pay the adopted pay 35
plan. The pay plan shall also be used as the basis for 36
preparing budget estimates for submission to the legislature 37
insofar as such budget estimates concern payment for 38
services performed in positions subject to this chapter 39
pursuant to subsection 1 of section 36.030 and positions 40
subject to this section pursuant to section 36.031. 41 SB 110 15
Amendments to the pay plan may be recommended by the 42
director from time to time as circumstances require and such 43
amendments shall take effect when approved as provided by 44
this section. The conditions under which employees may be 45
appointed at a rate above the minimum provided for the 46
class, or advance from one rate to another within the rates 47
applicable to their positions, may be determined by the 48
regulations. 49
2. Any change in the pay plan shall be made on a 50
uniform statewide basis. No employee in a position subject 51
to this chapter shall receive more or less compensation than 52
another employee solely because of the geographical area in 53
which the employee lives or works. 54
36.250. 1. Every person appointed to a permanent 1
position described under subdivision (2) of subsection 1 of 2
section 36.030 shall be required to successfully complete a 3
working test during a p robationary period which shall be of 4
sufficient length to enable the appointing authority to 5
observe the employee's ability to perform the various duties 6
pertaining to the position. 7
2. The [board]director shall by regulation establish 8
the standards governing normal length of the probationary 9
period for different classes of positions. The regulations 10
shall specify the criteria for reducing or lengthening the 11
probationary period for individuals within the various 12
classes. The minimum probation ary period shall be three 13
months. The maximum probationary period shall be eighteen 14
months for top professional personnel and personnel with 15
substantial supervisory or administrative responsibilities, 16
and twelve months for all others. However, a probationary 17
period shall not be required for an employee reinstated 18 SB 110 16
within two years after layoff or demotion in lieu of layoff 19
by the same division of service. 20
3. Prior to the expiration of an employee's 21
probationary period, the appointing authorit y shall notify 22
the director and the employee in writing whether the 23
services of the employee have been satisfactory and whether 24
the appointing authority will continue the employee in the 25
employee's position. 26
4. At any time during the probationary period the 27
appointing authority may remove an employee if, in the 28
opinion of the appointing authority, the working test 29
indicates that the employee is unable or unwilling to 30
perform the duties of the position satisfactorily. Upon 31
removal, the appointing authority shall forthwith report to 32
the director and to the employee removed, in writing, the 33
appointing authority's action and the reason thereof. An 34
employee who is found by the director to have been appointed 35
through fraud shall be removed wit hin ten days of 36
notification of the appointing authority. 37
36.440. 1. All officers and employees of the state 1
subject to provisions of this chapter, whether pursuant to 2
subsection 1 of section 36.030 or pursuant to section 3
36.031, shall comply with and aid in all proper ways in 4
carrying out the provisions of this chapter applicable to 5
them and the regulations adopted thereunder. All officers 6
and employees shall furnish any records or information which 7
the director [or the board] may request for any purpose of 8
this law. 9
2. A state officer or employee who shall fail to 10
comply with any provision of this chapter or of any 11
regulation adopted thereunder that is applicable to such 12
person shall be subject to all penalties and r emedies now or 13 SB 110 17
hereafter provided by law for the failure of a public 14
officer or employee to do any act required of him or her by 15
this chapter. The director may maintain such action or 16
proceeding at law or in equity as he or she considers 17
necessary or appropriate to secure compliance with this 18
chapter and the regulations adopted thereunder. 19
36.510. 1. In addition to other duties specified 1
elsewhere in this chapter the director may perform the 2
following functions in some or all a gencies of state 3
government: 4
(1) Develop, initiate and implement a central training 5
program for personnel in agencies of state government and 6
encourage and assist in the development of such specialized 7
training activities as can best be administe red internally 8
by such individual agencies; 9
(2) Establish a management trainee program and 10
prescribe rules for the establishment of a career executive 11
service for the state; 12
(3) [Formulate for approval of the board ]Promulgate 13
regulations regarding mandatory training for persons 14
employed in management positions in state agencies; 15
(4) Institute, coordinate and direct a statewide 16
program for recruitment of personnel in cooperation with 17
appointing authorities in state agencies; 18
(5) Assist all state departments in setting 19
productivity goals and in implementing a standard system of 20
performance appraisals; 21
(6) Establish and direct a central labor relations 22
function for the state which shall coordinate labor 23
relations activities in individual state agencies, including 24
participation in negotiations and approval of agreements 25 SB 110 18
relating to uniform wages, benefits and those aspects of 26
employment which have fiscal impact on the state; and 27
(7) [Formulate]Promulgate rules [for approval of the 28
board] and establish procedures and standards relating to 29
position classification and compensation of employees which 30
are designed to secure essential uniformity and 31
comparability among state agencies. 32
2. Any person who is emplo yed in a position subject to 33
this chapter who engaged in a strike or labor stoppage shall 34
be subject to the penalties provided by law. 35
37.010. 1. The governor, by and with the advice and 1
consent of the senate, shall appoint a commis sioner of 2
administration, who shall head the "Office of 3
Administration" which is hereby created. The commissioner 4
of administration shall receive a salary as provided by law 5
and shall also receive his or her actual and necessary 6
expenses incurred in the discharge of his or her official 7
duties. Before taking office, the commissioner of 8
administration shall take and subscribe an oath or 9
affirmation to support the Constitution of the United States 10
and of this state, and to demean himself or herself 11
faithfully in office. The commissioner shall also deposit 12
with the governor a bond, with sureties to be approved by 13
the governor, in the amount to be determined by the governor 14
payable to the state of Missouri, conditioned on the 15
faithful performance of the duties of his or her office. 16
The premium of this bond shall be paid out of the 17
appropriation for the office of the governor. 18
2. The governor shall appoint the commissioner of 19
administration with the advice and consent of the senate. 20
The commissioner shall be at least thirty years of age and 21
must have been a resident and qualified voter of this state 22 SB 110 19
for the five years next preceding his or her appointment. 23
He or she shall be qualified by training and experience to 24
assume the managerial and administrative functions of the 25
office of commissioner of administration. 26
3. The commissioner of administration shall, by virtue 27
of his or her office, without additional compensation, head 28
the division of budget, the division of purchasing , the 29
division of facilities management, design and construction, 30
the division of personnel, and the information technology 31
services division. Whenever provisions of the constitution 32
grant powers, impose duties or make other reference to the 33
comptroller, they shall be construed as referring to the 34
commissioner of administration. 35
4. The commissioner of administration shall provide 36
the governor with such assistance in the supervision of the 37
executive branch of state government as the governor 38
requires and shall perform such other duties as are assigned 39
to him or her by the governor or by law. The commissioner 40
of administration shall work with other departments of the 41
executive branch of state government to promote economy, 42
efficiency and improved service in the transaction of state 43
business. The commissioner of administration, with the 44
approval of the governor, shall organize the work of the 45
office of administration in such manner as to obtain maximum 46
effectiveness of the personnel of the office. He or she may 47
consolidate, abolish , or reassign duties of positions or 48
divisions combined within the office of administration [, 49
except for the division of personnel. He or she may 50
delegate specific duties to subordinates ]. These 51
subordinates shall take the same oath as the commissioner 52
and shall be covered by the bond of the director or by 53
separate bond as required by the governor. 54 SB 110 20
5. [The personnel division, personnel director and 55
personnel advisory board as provided in chapter 36 shall be 56
in the office of administration. ] The personnel director 57
and employees of the personnel division shall perform such 58
duties as directed by the commissioner of administration for 59
personnel work in agencies and departments of state 60
government to upgrade state employment and to improve the 61
uniform quality of state employment. 62
6. The commissioner of administration shall prepare a 63
complete inventory of all real estate, buildings and 64
facilities of state government and an analysis of the ir 65
utilization. Each year he or she shall formulate and submit 66
to the governor a long -range plan for the ensuing five years 67
for the repair, construction and rehabilitation of all state 68
properties. The plan shall set forth the projects proposed 69
to be authorized in each of the five years with each project 70
ranked in the order of urgency of need from the standpoint 71
of the state as a whole and shall be upgraded each year. 72
Project proposals shall be accompanied by workload and 73
utilization information explaining the need and purpose of 74
each. Departments shall submit recommendations for capital 75
improvement projects and other information in such form and 76
at such times as required by the commissioner of 77
administration to enable him or her to prepare t he long- 78
range plan. The commissioner of administration shall 79
prepare the long-range plan together with analysis of 80
financing available and suggestions for further financing 81
for approval of the governor who shall submit it to the 82
general assembly. The long-range plan shall include 83
credible estimates for operating purposes as well as capital 84
outlay and shall include program data to justify need for 85
the expenditures included. The long-range plan shall be 86 SB 110 21
extended, revised and resubmitted in the sam e manner to 87
accompany each executive budget. The appropriate 88
recommendations for the period for which appropriations are 89
to be made shall be incorporated in the executive budget for 90
that period together with recommendations for financing. 91
Each revised long-range plan shall provide a report on 92
progress in the repair, construction and rehabilitation of 93
state properties and of the operating purposes program for 94
the preceding fiscal period in terms of expenditures and 95
meeting program goals. 96
7. The office of the commissioner of administration 97
shall be in Jefferson City. 98
8. In case of death, resignation, removal from office 99
or vacancy from any cause in the office of commissioner of 100
administration, the governor shall take charge of the off ice 101
and superintend the business thereof until a successor is 102
appointed, commissioned and qualified. 103
105.950. 1. Until June 30, 2000, the commissioner of 1
administration and the directors of the departments of 2
revenue, social servic es, agriculture, economic development, 3
corrections, labor and industrial relations, natural 4
resources, and public safety shall continue to receive the 5
salaries they received on August 27, 1999, subject to annual 6
adjustments as provided in section 105.0 05. 7
2. On and after July 1, 2000, the salary of the 8
directors of the above departments shall be set by the 9
governor within the limits of the salary ranges established 10
pursuant to this section and the appropriation for that 11
purpose. Salary ranges for department directors and members 12
of the parole board shall be set by the personnel [advisory 13
board]director after considering the results of a study 14
periodically performed or administered by the office of 15 SB 110 22
administration. Such salary ranges shall b e published yearly 16
in an appendix to the revised statutes of Missouri. 17
3. Each of the above salaries shall be increased by 18
any salary adjustment provided pursuant to the provisions of 19
section 105.005. 20
105.1114. Administrative procedures for the 1
implementation of sections 105.1100 to 105.1116 shall be 2
promulgated by the [state] personnel [advisory 3
board]director for those employees classified under the 4
state personnel law and by other public employers for those 5
employees under their management and control. No rule or 6
portion of a rule promulgated under the authority of 7
sections 105.1100 to 105.1116 shall become effective unless 8
it has been promulgated pursuant to the provisions of 9
section 536.024. 10
288.220. 1. Subject to the supervision of the 1
director of the department of labor and industrial 2
relations, the division of employment security of the 3
department of labor and industrial relations shall be under 4
the control, management and supervision of a director who 5
shall be appointed by the governor, by and with the advice 6
and consent of the senate. The director shall serve at the 7
pleasure of the governor. 8
2. The division shall be responsible for administering 9
the Missouri state unemployment insurance operation and any 10
other operations as are necessary to administer the state's 11
employment security law. 12
3. The central office of the division shall be 13
maintained in the City of Jefferson. 14
4. Subject to the supervision and approval of the 15
director of the department of labor and industrial 16
relations, it shall be the duty of the director to 17 SB 110 23
administer this law; and the director shall have power and 18
authority to adopt, amend, or rescind any regulations as the 19
director deems necessa ry to the efficient internal 20
management of the division. The director shall determine 21
the division's organization and methods of procedure. 22
Subject to the provisions of the state [merit 23
system]personnel law, chapter 36, the director shall employ 24
and prescribe the duties and powers of the persons as may be 25
necessary. The director shall collaborate with the 26
personnel director [and the personnel advisory board ] in 27
establishing for employees of the division salaries 28
comparable to the salaries paid b y other states of a similar 29
size and volume of operations to employees engaged in the 30
administration of the employment security programs of those 31
states. The director may delegate to any such person the 32
power and authority as the director deems reason able and 33
proper for the effective administration of the law, and may 34
in the director's discretion bond any person handling moneys 35
or signing checks. Further, the director shall have the 36
power to make expenditures, require reports, make 37
investigations and take other action not inconsistent with 38
this law as he or she considers necessary to the efficient 39
and proper administration of the law. 40
5. Subject to the approval of the director of the 41
department of labor and industrial relations and the 42
commission, the director shall adopt, amend or rescind the 43
rules and regulations as are necessary to implement any of 44
the provisions of this law not relating to the internal 45
management of the division; however, the rules and 46
regulations shall not become effective until ten days after 47
their approval by the commission and copies thereof have 48
been filed in the office of the secretary of state. 49 SB 110 24
[36.050. 1. The personnel advisory board 1
and its functions, duties and powers prescribed 2
in this chapter is transferred by type III 3
transfer to the office of administration. 4
2. The personnel advisory board shall 5
consist of seven members. Four members of the 6
board shall be public members, citizens of the 7
state who are not state employ ees or officials, 8
of good character and reputation, who are known 9
to be in sympathy with the application of merit 10
principles to public employment. Two members 11
shall be employees of state agencies subject to 12
this chapter pursuant to subsection 1 of se ction 13
36.030 or any department, agency, or position of 14
the executive branch of state government not 15
exempted from section 36.031, one a member of 16
executive management, and one a nonmanagement 17
employee. The state equal employment 18
opportunity officer shall be a member of the 19
board. No member of the board, during the 20
member's term of office, or for at least one 21
year prior thereto, shall be a member of any 22
local, state or national committee of a 23
political party or an officer or member of a 24
committee in any partisan political club or 25
organization, or hold, or be a candidate for, a 26
partisan public office. An employee member who 27
leaves state employment or otherwise fails to 28
further qualify for the appointment shall vacate 29
the position. 30
3. The members of the board shall be 31
appointed by the governor by and with the advice 32
and consent of the senate. Appointments of all 33
members shall be for terms of six years. Any 34
vacancy shall be filled by an appointment for 35
the unexpired term. Each member of the board 36
shall hold office until such member's successor 37
is appointed and qualified. 38
4. A member of the board is removable by 39
the governor only for just cause, after being 40
given a written notice setting forth in 41
substantial detail the c harges against the 42
member and an opportunity to be heard publicly 43
on the charges before the governor. A copy of 44
the charges and a transcript of the record of 45
the hearing shall be filed with the secretary of 46
state. 47
5. Each public member of the b oard shall 48
be paid an amount for each day devoted to the 49
work of the board which shall be determined by 50
the commissioner of administration and filed 51
with the reorganization plan of the office of 52
administration; provided, however, that such 53
amount shall not exceed that paid to members of 54
boards and commissions with comparable 55
responsibilities. All board members are 56
entitled to reimbursement for necessary travel 57 SB 110 25
and other expenses pertaining to the duties of 58
the board. Duties performed for the bo ard by 59
any employee member of the board shall be 60
considered duties in connection with the 61
appointment of the individual, and such employee 62
member shall suffer no loss of regular 63
compensation by reason of performance of such 64
duties. 65
6. The board shall elect from among its 66
membership a chairman and vice chairman, who 67
shall act as chairman in the chairman's 68
absence. It shall meet at the times and places 69
specified by call of the chairman, the governor, 70
or the director. At least one meeting sh all be 71
held every three months. All regular meetings 72
are open to the public. Notice of each meeting 73
shall be given in writing to each member by the 74
director. Four members shall constitute a 75
quorum for the transaction of official business. 76
7. To assist in the performance of its 77
duties the board may employ staff from funds 78
appropriated for this purpose; provided, 79
however, that this provision shall not be 80
interpreted to limit the ability of the 81
personnel director to provide assistance to the 82
board.] 83