Missouri 2023 Regular Session

Missouri Senate Bill SB653 Compare Versions

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1	1	2401S.03C
2	2	1
3	3	SENATE COMMITTEE SUBSTITUTE
4	4	FOR
5	5	SENATE BILL NO. 653
6	6	AN ACT
7	7	To repeal sections 36.020, 36.030, 36.050, 36.060,
8	8	36.070, 36.080, 36.090, 36.100, 36.120, 36.140,
9	9	36.250, 36.440, 36.510, 37.010, 105.950, 105.1114,
10	10	191.305, 192.745, 194.300, and 288.220, RSMo, and to
11	11	enact in lieu thereof twenty -three new sections
12	12	relating to public entities that serve in an advisory
13	13	capacity.
14	14
15	15	Be it enacted by the Ge neral Assembly of the State of Missouri, as follows:
16	16	Section A. Sections 36.020, 36.030, 36.050, 36.060,
17	17	36.070, 36.080, 36.090, 36.100, 36.120, 36.140, 36.250, 36.440,
18	18	36.510, 37.010, 105.950, 105.1114, 191.305, 192.745, 194.300,
19	19	and 288.220, RSMo, are repealed and twenty -three new sections
20	20	enacted in lieu thereof, to be known as sections 36.020, 36.030,
21	21	36.060, 36.070, 36.080, 36.090, 36.100, 36.120, 36.140, 36.250,
22	22	36.440, 36.510, 37.010, 37.1300, 37.1310, 37.1320, 37.1330,
23	23	105.950, 105.1114, 191.305, 192.745, 194.300, and 288.220, to
24	24	read as follows:
25	25	36.020. Unless the context clearly requires otherwise,
26	26	the following terms mean:
27	27	(1) "Agency", "state agency" or "agency of the state",
28	28	each department, board, commission or office of the state
29	29	except for offices of the elected officials, the general
30	30	assembly, the judiciary and academic institutions;
31	31	(2) "Appointing authority", an officer or agency
32	32	subject to this chapter having power to make appointments;
33	33	(3) ["Board", the personnel advisory board as
34	34	established by section 36.050;
35	35	(4)] "Broad classification band", a grouping of
36	36	positions with similar levels of responsibility or expertise;
37	37	2
38	38	[(5)] (4) "Class", "class of positions", or "job
39	39	class", a group of positions subject to this chapter
40	40	sufficiently alike in duties, authority and responsibilities
41	41	to justify the same qualifications and the same schedule of
42	42	pay to all positions in the group;
43	43	[(6)] (5) "Director", the director of the division of
44	44	personnel of the office of administration;
45	45	[(7)] (6) "Disabled veteran", a veteran who has served
46	46	on active duty in the Armed Forces at any time who receives
47	47	compensation as a result of a service -connected disability
48	48	claim allowed by the federal agency responsible for the
49	49	administration of veteran's aff airs, or who receives
50	50	disability retirement or disability pension benefits from a
51	51	federal agency as a result of such a disability or a
52	52	National Guard veteran who was permanently disabled as a
53	53	result of active service to the state at the call of the
54	54	governor;
55	55	[(8)] (7) "Division of service" or "division", a state
56	56	department or any division or branch of the state, or any
57	57	agency of the state government, all the positions and
58	58	employees in which are under the same appointing authority;
59	59	[(9)] (8) "Eleemosynary or penal institutions", an
60	60	institution within state government holding, housing, or
61	61	caring for inmates, patients, veterans, juveniles, or other
62	62	individuals entrusted to or assigned to the state where it
63	63	is anticipated that such indivi duals will be in residence
64	64	for longer than one day. Eleemosynary or penal institutions
65	65	shall not include elementary, secondary, or higher education
66	66	institutions operated separately or independently from the
67	67	foregoing institutions;
68	68	[(10)] (9) "Eligible", a person whose name is on a
69	69	register or who has been determined to meet the
70	70	qualifications for a class or position;
71	71	3
72	72	[(11)] (10) "Employee", shall include only those
73	73	persons employed in excess of thirty -two hours per calendar
74	74	week, for a duration that could exceed six months, by a
75	75	state agency and shall not include patients, inmates, or
76	76	residents in state eleemosynary or penal institutions who
77	77	work for the state agency operating an eleemosynary or penal
78	78	institutions;
79	79	[(12)] (11) "Examination" or "competitive
80	80	examination", a means of determining eligibility or fitness
81	81	for a class or position;
82	82	[(13)] (12) "Open competitive examination", a
83	83	selection process for positions in a particular class,
84	84	admission to which is not limi ted to persons employed in
85	85	positions subject to this chapter pursuant to subsection 1
86	86	of section 36.030;
87	87	[(14)] (13) "Promotional examination", a selection
88	88	process for positions in a particular class, admission to
89	89	which is limited to employees wi th regular status in
90	90	positions subject to this chapter pursuant to subsection 1
91	91	of section 36.030;
92	92	[(15)] (14) "Register of eligibles", a list, which may
93	93	be restricted by locality, of persons who have been found
94	94	qualified for appointment to a pos ition subject to this
95	95	chapter pursuant to subsection 1 of section 36.030;
96	96	[(16)] (15) "Regular employee", a person employed in a
97	97	position described under subdivision (2) of subsection 1 of
98	98	section 36.030 who has successfully completed a probationa ry
99	99	period as provided in section 36.250;
100	100	[(17)] (16) "State equal employment opportunity
101	101	officer", the individual designated by the governor or the
102	102	commissioner of administration as having responsibility for
103	103	monitoring the compliance of the state as an employer with
104	104	applicable equal employment opportunity law and regulation
105	105	4
106	106	and for leadership in efforts to establish a state workforce
107	107	which reflects the diversity of Missouri citizens at all
108	108	levels of employment;
109	109	[(18)] (17) "Surviving spouse", the unmarried
110	110	surviving spouse of a deceased disabled veteran or the
111	111	unmarried surviving spouse of any person who was killed
112	112	while on active duty in the Armed Forces of the United
113	113	States or an unmarried surviving spouse of a National Guard
114	114	veteran who was killed as a result of active service to the
115	115	state at the call of the governor;
116	116	[(19)] (18) "Veteran", any person who is a citizen of
117	117	this state who has been separated under honorable conditions
118	118	from the Armed Forces of the United States who served on
119	119	active duty during peacetime or wartime for at least six
120	120	consecutive months, unless released early as a result of a
121	121	service-connected disability or a reduction in force at the
122	122	convenience of the government, or any member of a reserve or
123	123	National Guard component who has satisfactorily completed at
124	124	least six years of service or who was called or ordered to
125	125	active duty by the President and participated in any
126	126	campaign or expedition for which a campaign badge or service
127	127	medal has been authorized.
128	128	36.030. 1. (1) Employees in eleemosynary or penal
129	129	institutions shall be selected on the basis of merit.
130	130	(2) So much of any agency that is required to maintain
131	131	personnel standards on a merit basis by federal law or
132	132	regulations for grant-in-aid programs shall, except for
133	133	those positions specified in subsection 2 of this section,
134	134	select employees on the basis of merit and maintain such
135	135	standards as specified in this chapter and as otherwise
136	136	required.
137	137	2. State agencies operating eleemosynary or penal
138	138	institutions shall not domicile the following positions in
139	139	5
140	140	such institutions and such positions shall not be selected
141	141	in accordance with subsection 1 of this section:
142	142	(1) Other provisions of the law notwithsta nding,
143	143	members of boards and commissions, departmental directors,
144	144	five principal assistants designated by the departmental
145	145	directors, division directors, and three principal
146	146	assistants designated by each division director;
147	147	(2) One principal assistant for each board or
148	148	commission, the members of which are appointed by the
149	149	governor or by a director of the department;
150	150	(3) Chaplains and attorneys;
151	151	(4) Persons employed in work assignments with a
152	152	geographic location principally outside th e state of
153	153	Missouri and other persons whose employment is such that
154	154	selection by competitive examination and standard
155	155	classification and compensation practices are not practical
156	156	under all the circumstances as determined by the [board]
157	157	director by rule;
158	158	(5) Patients, inmates, or residents in state penal
159	159	institutions who work for the agency operating the
160	160	eleemosynary or penal institution;
161	161	(6) Persons employed in an internship capacity in a
162	162	state department or institution as a part of their formal
163	163	training, at a college, university, business, trade or other
164	164	technical school; except that, by appropriate resolution of
165	165	the governing authorities of any department or institution,
166	166	the personnel division may be called upon to assist in
167	167	selecting persons to be appointed to internship positions;
168	168	(7) The administrative head of each state medical,
169	169	penal and correctional institution, as warranted by the size
170	170	and complexity of the organization and as approved by the
171	171	[board] director;
172	172	6
173	173	(8) Deputies or other policy -making assistants to the
174	174	exempt head of each division of service, as warranted by the
175	175	size or complexity of the organization and in accordance
176	176	with the rules promulgated by the [personnel advisory board ]
177	177	director;
178	178	(9) Special assistants as designated by an appointing
179	179	authority; except that, the number of such special
180	180	assistants shall not exceed two percent of a department's
181	181	total authorized full -time equivalent workforce.
182	182	3. To encourage all state employees to improve the
183	183	quality of state services, increase the efficiency of state
184	184	work operations, and reduce the costs of state programs, the
185	185	director [of the division of personnel ] shall establish
186	186	employee recognition programs, including a statewide
187	187	employee suggestion system. The director shall determine
188	188	reasonable rules and shall provide reasonable standards for
189	189	determining the monetary awards, not to exceed five thousand
190	190	dollars, under the employee suggestion system.
191	191	4. At the request of the senat e or the house of
192	192	representatives, the commissioner of administration shall
193	193	submit a report on the employee suggestion award program
194	194	described in subsection 3 of this section.
195	195	36.060. 1. In addition to the duties imposed upon it
196	196	elsewhere in this chapter, it shall be the duty of the
197	197	[board] director:
198	198	(1) To make any investigation which [it] he or she may
199	199	consider desirable concerning the administration of
200	200	personnel subject to this chapter pursuant to subsection 1
201	201	of section 36.030 and all personnel of any department or
202	202	agency of the executive branch of state government not
203	203	exempted from section 36.031;
204	204	7
205	205	(2) To hold regular meetings with appointing
206	206	authorities to propose methods of resolving general
207	207	personnel problems;
208	208	(3) [To make annual reports, and such special reports
209	209	as it considers desirable, to the governor and the general
210	210	assembly regarding personnel administration in the state
211	211	service and recommendations there. These special reports
212	212	may evaluate the effectiveness of the personnel division and
213	213	the appointing authorities in their operations under this
214	214	chapter;
215	215	(4)] To make such suggestions and recommendations to
216	216	the governor and the [director] commissioner of
217	217	administration relating to the state's employment policies
218	218	as will promote morale, efficiency and uniformity in
219	219	compensation of the various employees in the state service;
220	220	[(5)] (4) To promulgate rules and regulations on
221	221	behalf of the commissioner of administration to ensure that
222	222	no applicant or employee is discriminated against on the
223	223	basis of race, creed, color, religion, national origin, sex,
224	224	ancestry or handicap.
225	225	2. No rule or portion of a rule promulgated under the
226	226	authority of this chapter shall become effective unl ess it
227	227	has been promulgated pursuant to the provisions of section
228	228	536.024.
229	229	36.070. 1. The [board] commissioner of administration
230	230	shall have power to prescribe such rules and regulations not
231	231	inconsistent with the provisions of this cha pter as [it] he
232	232	or she deems suitable and necessary to carry out the
233	233	provisions of this chapter. Such rules and regulations
234	234	shall be effective when filed with the secretary of state as
235	235	provided by law.
236	236	2. The [board] commissioner of administrati on shall
237	237	prescribe by rule the procedures for merit selection,
238	238	8
239	239	uniform classification and pay, and covered appeals in
240	240	accordance with the provisions of this chapter.
241	241	3. As of August 28, 2023, the rules of the personnel
242	242	advisory board previously e stablished by this chapter shall
243	243	become rules of the commissioner of administration.
244	244	36.080. 1. The director shall be a person , appointed
245	245	by the commissioner of administration, who is experienced in
246	246	the principles and methods of person nel administration, who
247	247	is familiar with and in sympathy with the application of
248	248	merit principles [and] or other efficient methods of public
249	249	administration. The director shall be appointed for a term
250	250	of four years beginning on July first following the election
251	251	of a governor, which term may be renewed at its expiration
252	252	at the option of the governor.
253	253	2. The personnel director shall not during his or her
254	254	term of office, or for one year prior thereto:
255	255	(1) Be a member of any local, state or n ational
256	256	committee of a political party;
257	257	(2) Be a member of any partisan political club or
258	258	organization;
259	259	(3) Actively participate in any partisan political
260	260	campaign; or
261	261	(4) Hold or be a candidate for any partisan public
262	262	office.
263	263	3. [Upon an impending or actual vacancy in the
264	264	position of director, the board shall publicly solicit
265	265	applications for the position and prepare and submit to the
266	266	governor a list of the five most qualified applicants. In
267	267	the course of preparing such a l ist the board may engage the
268	268	services of persons experienced in personnel administration
269	269	as consultants to assist it in examining and determining the
270	270	best qualified available persons for appointment as
271	271	director. The board shall be authorized to pay, o ut of the
272	272	9
273	273	funds appropriated to it, the necessary travel and other
274	274	expenses of any consultants engaged under the provisions of
275	275	this section, and may also defray the travel expenses of
276	276	candidates for the position who are requested to report for
277	277	an interview. The director may also assist the board with
278	278	the search process and division of personnel resources may
279	279	be used to advance the search process.
280	280	4. The provisions of subdivision (2) of subsection 5
281	281	of section 1 of the Reorganization Act of 19 74
282	282	notwithstanding, the total compensation of any director
283	283	shall not exceed the statutory salary of department heads.
284	284	5. The provisions of subsection 8 of section 15 of the
285	285	Reorganization Act of 1974 notwithstanding, the governor
286	286	shall appoint to the position of director, without regard to
287	287	his or her political affiliation and subject to the advice
288	288	and consent of the senate, one of the persons named on the
289	289	list submitted by the board.
290	290	6.] The director may be removed by the [board]
291	291	commissioner of administration for no reason or for any
292	292	reason not prohibited by law .
293	293	36.090. 1. The director, as executive head of the
294	294	personnel division, shall direct and supervise all its
295	295	administrative and technical activities. In addition to the
296	296	duties imposed upon the director elsewhere in this chapter,
297	297	the director may develop in cooperation with appointing
298	298	authorities a management training program, a recruiting
299	299	program, and a system of performance appraisals, and [to]
300	300	may assist appointing authorities in the setting of
301	301	productivity goals.
302	302	2. [The director shall assist the board in the
303	303	performance of its functions and attend board meetings.
304	304	3.] The director may:
305	305	10
306	306	(1) Establish and maintain a roster of all officer s
307	307	and employees subject to this chapter pursuant to subsection
308	308	1 of section 36.030 or pursuant to section 36.031, in which
309	309	there shall be set forth, as to each employee, a record of
310	310	the class title of the position held; the salary or pay; any
311	311	change in class title, pay or status, and such other data as
312	312	may be deemed desirable to produce significant facts
313	313	pertaining to personnel administration;
314	314	(2) Appoint and fix the compensation of such experts
315	315	and special assistants as may be necessary to ca rry out
316	316	effectively the provisions of this chapter;
317	317	(3) Investigate the effects of this chapter and the
318	318	rules promulgated under this chapter and report his or her
319	319	findings and recommendations to the [board] commissioner of
320	320	administration and the governor;
321	321	(4) Make annual reports concerning the work of the
322	322	division, problems in personnel management, and actions
323	323	taken or to be taken by the division to resolve those
324	324	problems;
325	325	(5) Perform any other lawful act which he or she may
326	326	consider necessary or desirable to carry out the purposes
327	327	and provisions of this chapter.
328	328	[4.] 3. The director shall appoint a deputy or
329	329	deputies. In case of the absence of the director or his or
330	330	her inability from any cause to discharge the powers and
331	331	duties of his or her office, such powers and duties shall
332	332	devolve upon his or her deputy or deputies.
333	333	36.100. 1. The director shall ascertain the duties,
334	334	authority and responsibilities of all positions subject to
335	335	this chapter pursuan t to subsection 1 of section 36.030, and
336	336	all positions subject to this section pursuant to section
337	337	36.031. After consultation with the appointing authorities,
338	338	the director shall prepare [and recommend to the board ], and
339	339	11
340	340	maintain on a continuing basis, a position classification
341	341	plan, which shall group all positions subject to this
342	342	chapter pursuant to subsection 1 of section 36.030, and all
343	343	positions subject to this section pursuant to section 36.031
344	344	in classes, based on their duties, authority and
345	345	responsibilities. Except as provided in subsection 2 of
346	346	this section, the position classification plan shall set
347	347	forth, for each class of positions, a class title and a
348	348	statement of the duties, authority and responsibilities
349	349	thereof, and the qualifica tions that are necessary or
350	350	desirable for the satisfactory performance of the duties of
351	351	the class; provided, that no plan shall be adopted which
352	352	prohibits the substitution of experience for education for
353	353	each class of positions, except that, the [board] director
354	354	may determine that there is no equivalent substitution in
355	355	particular cases. Classifications should be sufficiently
356	356	broad in scope to include as many comparable positions as
357	357	possible both on an intra - and inter-departmental basis.
358	358	2. The classification plan may group positions with
359	359	similar levels of responsibility or expertise into broad
360	360	classification bands.
361	361	3. The director shall, in consultation with the
362	362	agencies, eliminate and combine classes when possible,
363	363	taking into consideration the recruitment, selection, and
364	364	compensation of personnel in the various classes.
365	365	36.120. 1. Before establishing a new position in
366	366	divisions of the service subject to this chapter pursuant to
367	367	subsection 1 of section 36.030 or any new position in a
368	368	department or agency of the executive branch of state
369	369	government subject to this section pursuant to section
370	370	36.031, or before making any permanent and substantial
371	371	change of the duties, authority or responsibilities of any
372	372	such position, an appointing authority shall notify the
373	373	12
374	374	director in writing of the appointing authority's intention
375	375	to do so, except where the positions may be allocated by the
376	376	appointing authority.
377	377	2. The director may at any time allocate any new
378	378	position to a class, or change the allocation of any
379	379	position to a class, or [recommend to the board ] make
380	380	changes in the classification plan. [Any change in the
381	381	classification plan recommended by the director shall take
382	382	effect when approved by the board , or on the ninetieth day
383	383	after it is recommended to the board if prior thereto the
384	384	board has not approved it. In case of necessity requiring
385	385	the immediate establishment of a new class, the director may
386	386	establish such a class on an interim basis pendi ng approval
387	387	of the class by the board as recommended by the director. ]
388	388	3. When the allocation of a position to a class is
389	389	changed, the director shall notify the appointing
390	390	authority. If allocation authority is delegated, the
391	391	appointing authority shall notify the director of any
392	392	changes in the allocation. If the position is filled at the
393	393	time of reallocation to a class, the appointing authority
394	394	shall immediately notify the incumbent of the position
395	395	regarding the allocation change. If the incumbent does not
396	396	agree with the new allocation, the incumbent may submit to
397	397	the director a request for a review of the allocation of the
398	398	position.
399	399	4. If any change is made in the classification plan by
400	400	which a class of positions is divided, altere d, or
401	401	abolished, or classes are combined, the director shall
402	402	forthwith reallocate the positions affected to their
403	403	appropriate classes in the amended classification plan. An
404	404	employee who is occupying a position reallocated to a
405	405	different class shall, subject to the regulations, be given
406	406	13
407	407	the same status in the new class as previously held in the
408	408	class from which his or her position is reallocated.
409	409	5. [After a class of positions has been approved by
410	410	the board,] The director is authorized to make such changes
411	411	in the class title or in the statement of duties and
412	412	qualifications for [the] a new class as the director finds
413	413	necessary for current maintenance of the classification
414	414	plan[; provided, however, that changes which materially
415	415	affect the nature and level of a class or which involve a
416	416	change in salary range for the class shall be approved by
417	417	the board].
418	418	36.140. 1. After consultation with appointing
419	419	authorities and the state fiscal officers, and after a
420	420	public hearing following suitable notice, the director shall
421	421	prepare [and recommend to the board ] a pay plan for each
422	422	class of positions subject to this chapter pursuant to
423	423	subsection 1 of section 36.030 and each class of positions
424	424	subject to this section pursuant to se ction 36.031. The pay
425	425	plan shall include, for each class of positions, a minimum
426	426	and a maximum rate, and such provision for intermediate
427	427	rates as the director considers necessary or equitable. The
428	428	pay plan may also provide for the use of open, or ste pless,
429	429	pay ranges. The pay plan may include provision for grouping
430	430	of positions with similar levels of responsibility or
431	431	expertise into broad classification bands for purposes of
432	432	determining compensation and for such salary differentials
433	433	and other pay structures as the director considers necessary
434	434	or equitable. In establishing the rates, the director shall
435	435	give consideration to the experience in recruiting for
436	436	positions in the state service, the rates of pay prevailing
437	437	in the state for the servic es performed, and for comparable
438	438	services in public and private employment, living costs,
439	439	maintenance, or other benefits received by employees, and
440	440	14
441	441	the financial condition and policies of the state. These
442	442	considerations shall be made on a statewide ba sis and shall
443	443	not make any distinction based on geographical areas or
444	444	urban and rural conditions. The pay plan shall take effect
445	445	when approved by [the board and] the governor, and each
446	446	employee appointed to a position subject to this chapter
447	447	pursuant to subsection 1 of section 36.030 and each class of
448	448	positions subject to this section pursuant to section
449	449	36.031, after the adoption of the pay plan shall be paid
450	450	according to the provisions of the pay plan for the position
451	451	in which he or she is emplo yed; provided, that the
452	452	commissioner of administration certifies that there are
453	453	funds appropriated and available to pay the adopted pay
454	454	plan. The pay plan shall also be used as the basis for
455	455	preparing budget estimates for submission to the legislature
456	456	insofar as such budget estimates concern payment for
457	457	services performed in positions subject to this chapter
458	458	pursuant to subsection 1 of section 36.030 and positions
459	459	subject to this section pursuant to section 36.031.
460	460	Amendments to the pay plan may be recommended by the
461	461	director from time to time as circumstances require and such
462	462	amendments shall take effect when approved as provided by
463	463	this section. The conditions under which employees may be
464	464	appointed at a rate above the minimum provided for t he
465	465	class, or advance from one rate to another within the rates
466	466	applicable to their positions, may be determined by the
467	467	regulations.
468	468	2. Any change in the pay plan shall be made on a
469	469	uniform statewide basis. No employee in a position subject
470	470	to this chapter shall receive more or less compensation than
471	471	another employee solely because of the geographical area in
472	472	which the employee lives or works.
473	473	15
474	474	36.250. 1. Every person appointed to a permanent
475	475	position described under subdivisio n (2) of subsection 1 of
476	476	section 36.030 shall be required to successfully complete a
477	477	working test during a probationary period which shall be of
478	478	sufficient length to enable the appointing authority to
479	479	observe the employee's ability to perform the vario us duties
480	480	pertaining to the position.
481	481	2. The [board] director shall by regulation establish
482	482	the standards governing normal length of the probationary
483	483	period for different classes of positions. The regulations
484	484	shall specify the criteria for reduc ing or lengthening the
485	485	probationary period for individuals within the various
486	486	classes. The minimum probationary period shall be three
487	487	months. The maximum probationary period shall be eighteen
488	488	months for top professional personnel and personnel with
489	489	substantial supervisory or administrative responsibilities,
490	490	and twelve months for all others. However, a probationary
491	491	period shall not be required for an employee reinstated
492	492	within two years after layoff or demotion in lieu of layoff
493	493	by the same division of service.
494	494	3. Prior to the expiration of an employee's
495	495	probationary period, the appointing authority shall notify
496	496	the director and the employee in writing whether the
497	497	services of the employee have been satisfactory and whether
498	498	the appointing authority will continue the employee in the
499	499	employee's position.
500	500	4. At any time during the probationary period the
501	501	appointing authority may remove an employee if, in the
502	502	opinion of the appointing authority, the working test
503	503	indicates that the em ployee is unable or unwilling to
504	504	perform the duties of the position satisfactorily. Upon
505	505	removal, the appointing authority shall forthwith report to
506	506	the director and to the employee removed, in writing, the
507	507	16
508	508	appointing authority's action and the reason thereof. An
509	509	employee who is found by the director to have been appointed
510	510	through fraud shall be removed within ten days of
511	511	notification of the appointing authority.
512	512	36.440. 1. All officers and employees of the state
513	513	subject to provisions of this chapter, whether pursuant to
514	514	subsection 1 of section 36.030 or pursuant to section
515	515	36.031, shall comply with and aid in all proper ways in
516	516	carrying out the provisions of this chapter applicable to
517	517	them and the regulations adopted thereund er. All officers
518	518	and employees shall furnish any records or information which
519	519	the director [or the board] may request for any purpose of
520	520	this law.
521	521	2. A state officer or employee who shall fail to
522	522	comply with any provision of this chapter or of a ny
523	523	regulation adopted thereunder that is applicable to such
524	524	person shall be subject to all penalties and remedies now or
525	525	hereafter provided by law for the failure of a public
526	526	officer or employee to do any act required of him or her by
527	527	this chapter. The director may maintain such action or
528	528	proceeding at law or in equity as he or she considers
529	529	necessary or appropriate to secure compliance with this
530	530	chapter and the regulations adopted thereunder.
531	531	36.510. 1. In addition to other dutie s specified
532	532	elsewhere in this chapter the director may perform the
533	533	following functions in some or all agencies of state
534	534	government:
535	535	(1) Develop, initiate and implement a central training
536	536	program for personnel in agencies of state government and
537	537	encourage and assist in the development of such specialized
538	538	training activities as can best be administered internally
539	539	by such individual agencies;
540	540	17
541	541	(2) Establish a management trainee program and
542	542	prescribe rules for the establishment of a career ex ecutive
543	543	service for the state;
544	544	(3) [Formulate for approval of the board ] Promulgate
545	545	regulations regarding mandatory training for persons
546	546	employed in management positions in state agencies;
547	547	(4) Institute, coordinate and direct a statewide
548	548	program for recruitment of personnel in cooperation with
549	549	appointing authorities in state agencies;
550	550	(5) Assist all state departments in setting
551	551	productivity goals and in implementing a standard system of
552	552	performance appraisals;
553	553	(6) Establish and direct a central labor relations
554	554	function for the state which shall coordinate labor
555	555	relations activities in individual state agencies, including
556	556	participation in negotiations and approval of agreements
557	557	relating to uniform wages, benefits and those a spects of
558	558	employment which have fiscal impact on the state; and
559	559	(7) [Formulate] Promulgate rules [for approval of the
560	560	board] and establish procedures and standards relating to
561	561	position classification and compensation of employees which
562	562	are designed to secure essential uniformity and
563	563	comparability among state agencies.
564	564	2. Any person who is employed in a position subject to
565	565	this chapter who engaged in a strike or labor stoppage shall
566	566	be subject to the penalties provided by law.
567	567	37.010. 1. The governor, by and with the advice and
568	568	consent of the senate, shall appoint a commissioner of
569	569	administration, who shall head the "Office of
570	570	Administration" which is hereby created. The commissioner
571	571	of administration shall receive a salary as provided by law
572	572	and shall also receive his or her actual and necessary
573	573	expenses incurred in the discharge of his or her official
574	574	18
575	575	duties. Before taking office, the commissioner of
576	576	administration shall take and subscribe an oath or
577	577	affirmation to support the Constitution of the United States
578	578	and of this state, and to demean himself or herself
579	579	faithfully in office. The commissioner shall also deposit
580	580	with the governor a bond, with sureties to be approved by
581	581	the governor, in the amount to b e determined by the governor
582	582	payable to the state of Missouri, conditioned on the
583	583	faithful performance of the duties of his or her office.
584	584	The premium of this bond shall be paid out of the
585	585	appropriation for the office of the governor.
586	586	2. The governor shall appoint the commissioner of
587	587	administration with the advice and consent of the senate.
588	588	The commissioner shall be at least thirty years of age and
589	589	must have been a resident and qualified voter of this state
590	590	for the five years next preceding his or her appointment.
591	591	He or she shall be qualified by training and experience to
592	592	assume the managerial and administrative functions of the
593	593	office of commissioner of administration.
594	594	3. The commissioner of administration shall, by virtue
595	595	of his or her office, without additional compensation, head
596	596	the division of budget, the division of purchasing, the
597	597	division of facilities management, design and construction,
598	598	the division of personnel, and the information technology
599	599	services division. Whenever provisions of the constitution
600	600	grant powers, impose duties or make other reference to the
601	601	comptroller, they shall be construed as referring to the
602	602	commissioner of administration.
603	603	4. The commissioner of administration shall provide
604	604	the governor with such assistance in the supervision of the
605	605	executive branch of state government as the governor
606	606	requires and shall perform such other duties as are assigned
607	607	to him or her by the governor or by law. The commissioner
608	608	19
609	609	of administration shall work w ith other departments of the
610	610	executive branch of state government to promote economy,
611	611	efficiency and improved service in the transaction of state
612	612	business. The commissioner of administration, with the
613	613	approval of the governor, shall organize the work of the
614	614	office of administration in such manner as to obtain maximum
615	615	effectiveness of the personnel of the office. He or she may
616	616	consolidate, abolish , or reassign duties of positions or
617	617	divisions combined within the office of administration [,
618	618	except for the division of personnel. He or she may
619	619	delegate specific duties to subordinates ]. These
620	620	subordinates shall take the same oath as the commissioner
621	621	and shall be covered by the bond of the director or by
622	622	separate bond as required by the governor.
623	623	5. [The personnel division, personnel director and
624	624	personnel advisory board as provided in chapter 36 shall be
625	625	in the office of administration. ] The personnel director
626	626	and employees of the personnel division shall perform such
627	627	duties as directed by the commissioner of administration for
628	628	personnel work in agencies and departments of state
629	629	government to upgrade state employment and to improve the
630	630	uniform quality of state employment.
631	631	6. The commissioner of administration shall prepare a
632	632	complete inventory of all real estate, buildings and
633	633	facilities of state government and an analysis of their
634	634	utilization. Each year he or she shall formulate and submit
635	635	to the governor a long -range plan for the ensuing five years
636	636	for the repair, construc tion and rehabilitation of all state
637	637	properties. The plan shall set forth the projects proposed
638	638	to be authorized in each of the five years with each project
639	639	ranked in the order of urgency of need from the standpoint
640	640	of the state as a whole and shall b e upgraded each year.
641	641	Project proposals shall be accompanied by workload and
642	642	20
643	643	utilization information explaining the need and purpose of
644	644	each. Departments shall submit recommendations for capital
645	645	improvement projects and other information in such form and
646	646	at such times as required by the commissioner of
647	647	administration to enable him or her to prepare the long -
648	648	range plan. The commissioner of administration shall
649	649	prepare the long-range plan together with analysis of
650	650	financing available and suggestio ns for further financing
651	651	for approval of the governor who shall submit it to the
652	652	general assembly. The long-range plan shall include
653	653	credible estimates for operating purposes as well as capital
654	654	outlay and shall include program data to justify need for
655	655	the expenditures included. The long-range plan shall be
656	656	extended, revised and resubmitted in the same manner to
657	657	accompany each executive budget. The appropriate
658	658	recommendations for the period for which appropriations are
659	659	to be made shall be incorpo rated in the executive budget for
660	660	that period together with recommendations for financing.
661	661	Each revised long-range plan shall provide a report on
662	662	progress in the repair, construction and rehabilitation of
663	663	state properties and of the operating purposes program for
664	664	the preceding fiscal period in terms of expenditures and
665	665	meeting program goals.
666	666	7. The office of the commissioner of administration
667	667	shall be in Jefferson City.
668	668	8. In case of death, resignation, removal from office
669	669	or vacancy from any cause in the office of commissioner of
670	670	administration, the governor shall take charge of the office
671	671	and superintend the business thereof until a successor is
672	672	appointed, commissioned and qualified.
673	673	37.1300. For the purposes of sec tions 37.1300 to
674	674	37.1330, the following terms mean:
675	675	21
676	676	(1) "Council", the Missouri geospatial advisory
677	677	council established in section 37.1310;
678	678	(2) "Geographic information system (GIS)", a computer
679	679	system for capturing, storing, checking, and di splaying data
680	680	related to positions on the Earth's surface that enables
681	681	easily seeing, analyzing, and understanding patterns and
682	682	relationships;
683	683	(3) "Geospatial", relating to or denoting data that is
684	684	associated with a particular location;
685	685	(4) "Missouri Spatial Data Information Service" or
686	686	"MSDIS", Missouri's primary spatial data clearinghouse
687	687	responsible for collecting and distributing vector data,
688	688	aerial photography, and light detection and ranging
689	689	elevation data that are generated, updat ed, and funded by
690	690	state, local, and regional agencies and governments.
691	691	37.1310. There is hereby established within the office
692	692	of administration the "Missouri Geospatial Advisory
693	693	Council", which is charged with assisting and advising the
694	694	state in ensuring the availability, implementation, and
695	695	enhancement of a statewide geospatial data infrastructure
696	696	common to all jurisdictions through research, planning,
697	697	training, and education. The council shall represent all
698	698	entities and jurisdict ions before appropriate policy -making
699	699	authorities and the general assembly and shall strive toward
700	700	the immediate access to statewide geospatial data for all
701	701	citizens of this state, especially life -safety entities,
702	702	including Next Generation 911. The council shall be
703	703	established within the office of the commissioner of
704	704	administration.
705	705	37.1320. 1. The council shall consist of thirty -three
706	706	members as follows:
707	707	(1) The commissioner of administration or the
708	708	commissioner's designee;
709	709	22
710	710	(2) The director of the department of agriculture or
711	711	the director's designee;
712	712	(3) The director of the department of conservation or
713	713	the director's designee;
714	714	(4) The director of the department of economic
715	715	development or the director's designee;
716	716	(5) The director of the department of elementary and
717	717	secondary education or the director's designee;
718	718	(6) The director of the department of health and
719	719	senior services or the director's designee;
720	720	(7) The director of the departme nt of natural
721	721	resources or the director's designee;
722	722	(8) The director of the department of the National
723	723	Guard or the director's designee;
724	724	(9) The director of the department of public safety or
725	725	the director's designee;
726	726	(10) The director of the department of revenue or the
727	727	director's designee;
728	728	(11) The director of the department of social services
729	729	or the director's designee;
730	730	(12) The director of the department of transportation
731	731	or the director's designee;
732	732	(13) The director of the United States Geological
733	733	Survey or the director's designee;
734	734	(14) The director of the United States Department of
735	735	Agriculture – Natural Resources Conservation Service or the
736	736	director's designee;
737	737	(15) The director of the Missouri 9 11 service board or
738	738	the director's designee;
739	739	(16) The president of the University of Missouri
740	740	system or the president's designee;
741	741	(17) The director of the Missouri Spatial Data
742	742	Information Service or the director's designee;
743	743	23
744	744	(18) The director of the National Geospatial -
745	745	Intelligence Agency West or the director's designee;
746	746	(19) One member of the house of the representatives
747	747	appointed by the speaker of the house of representatives;
748	748	(20) One member of the senate appointed by t he
749	749	president pro tempore of the senate; and
750	750	(21) Thirteen citizens of Missouri appointed by the
751	751	commissioner of the office of administration. Appointments
752	752	under this subdivision shall provide for a geographic
753	753	balance from within the state, repre senting both rural and
754	754	urban areas, with at least one individual from each
755	755	congressional district. These individuals shall represent
756	756	city, county, and local government; the private sector,
757	757	including small businesses; public safety; and academia.
758	758	2. Additional subject matter experts may participate
759	759	in activities as non -council members.
760	760	3. Appointed members of the council shall serve three -
761	761	year terms and shall serve until their successors are
762	762	appointed. Vacancies on the council shall be f illed in the
763	763	same manner as the original appointment, and such member
764	764	appointed shall serve the remainder of the unexpired term.
765	765	4. The council shall meet monthly and as otherwise
766	766	required by the commissioner of the office of administration.
767	767	5. The council shall designate from its members a
768	768	chair and chair-elect for one-year terms and shall adopt
769	769	written guidelines to govern the management of the council.
770	770	6. Each member of the council shall serve without
771	771	compensation but may be reimb ursed for his or her actual and
772	772	necessary expenses incurred in the performance of his or her
773	773	duties as a member of the council.
774	774	7. The commissioner of the office of administration
775	775	shall designate an employee of the office of administration
776	776	as executive secretary for the council, who shall serve as a
777	777	24
778	778	nonvoting member, shall maintain the records of the
779	779	council's activities and decisions, and shall be responsible
780	780	for correspondence between the council and other agencies.
781	781	8. (1) The council may apply for federal and state
782	782	grant programs to sponsor and publish surveys of the
783	783	condition and needs of geographic information in the state
784	784	of Missouri and to solicit or develop proposals for projects
785	785	to be carried out in the state for building and improving
786	786	the state geospatial data infrastructure.
787	787	(2) The council may apply for federal and state grant
788	788	programs and conduct other business as it relates to the
789	789	development of the geospatial workforce within the state.
790	790	9. The council shall provide recommendations on budget
791	791	and staffing needs as it relates to the development of
792	792	geospatial-related projects and initiatives to the office of
793	793	administration.
794	794	37.1330. The council shall have the following duties:
795	795	(1) To establish public and private partnerships
796	796	throughout Missouri to maximize value, minimize cost, and
797	797	avoid redundant activities in the development and
798	798	implementation of geographic information systems;
799	799	(2) To foster efficient and secure methods for d ata
800	800	sharing at all levels of government;
801	801	(3) To coordinate, review, and provide recommendations
802	802	on geographic information systems programs and investments,
803	803	and to provide assistance with dispute resolution among
804	804	geographic systems partners;
805	805	(4) To continue to establish Missouri's leadership
806	806	role in the national effort to improve capabilities for
807	807	sharing geographic information and ideas with other states;
808	808	(5) To promote the use of geographic information
809	809	systems technologies as tools for breaking through
810	810	structural and administrative boundaries in order to
811	811	25
812	812	collaborate on shared problems and enhance information
813	813	analysis and decision -making processes within all levels of
814	814	government;
815	815	(6) To provide input and recommendations for the
816	816	development of a strategy for the maintenance and funding of
817	817	a statewide base map and geographic information system;
818	818	(7) To work jointly with officials from other state
819	819	agencies, organizations, and county, municipal, and tribal
820	820	governments as well as with businesses and organizations in
821	821	the private sector that are concerned with the efficient
822	822	management of the state's geographic information systems
823	823	resources;
824	824	(8) To recommend the development and adoption of
825	825	policies and procedures re lated to geographic information
826	826	and geographic information systems;
827	827	(9) To serve as the statewide governing body for
828	828	sharing and managing geospatial framework data; and
829	829	(10) To provide oversight and guidance to the Missouri
830	830	spatial data information service.
831	831	105.950. 1. Until June 30, 2000, the commissioner of
832	832	administration and the directors of the departments of
833	833	revenue, social services, agriculture, economic development,
834	834	corrections, labor and industrial relations, natu ral
835	835	resources, and public safety shall continue to receive the
836	836	salaries they received on August 27, 1999, subject to annual
837	837	adjustments as provided in section 105.005.
838	838	2. On and after July 1, 2000, the salary of the
839	839	directors of the above departm ents shall be set by the
840	840	governor within the limits of the salary ranges established
841	841	pursuant to this section and the appropriation for that
842	842	purpose. Salary ranges for department directors and members
843	843	of the parole board shall be set by the personnel [advisory
844	844	board] director after considering the results of a study
845	845	26
846	846	periodically performed or administered by the office of
847	847	administration. Such salary ranges shall be published yearly
848	848	in an appendix to the revised statutes of Missouri.
849	849	3. Each of the above salaries shall be increased by
850	850	any salary adjustment provided pursuant to the provisions of
851	851	section 105.005.
852	852	105.1114. Administrative procedures for the
853	853	implementation of sections 105.1100 to 105.1116 shall be
854	854	promulgated by the [state] personnel [advisory board]
855	855	director for those employees classified under the state
856	856	personnel law and by other public employers for those
857	857	employees under their management and control. No rule or
858	858	portion of a rule promulgated under the auth ority of
859	859	sections 105.1100 to 105.1116 shall become effective unless
860	860	it has been promulgated pursuant to the provisions of
861	861	section 536.024.
862	862	191.305. 1. The "Missouri Genetic Advisory
863	863	Committee", consisting of fifteen members, is hereb y created
864	864	to advise the department in all genetic programs including
865	865	metabolic disease screening programs, hemophilia, sickle
866	866	cell anemia, and cystic fibrosis programs. Members of the
867	867	committee shall be appointed by the [governor, by and with
868	868	the advice and consent of the senate ] director of the
869	869	department of health and senior services . The first
870	870	appointments to the committee shall consist of five members
871	871	to serve three-year terms, five members to serve two -year
872	872	terms, and five members to serve o ne-year terms as
873	873	designated by the [governor] director. Each member of the
874	874	committee shall serve for a term of three years thereafter.
875	875	2. The committee shall be composed of persons who
876	876	reside in the state of Missouri, and a majority shall be
877	877	licensed physicians. At least one member shall be a
878	878	specialist in genetics; at least one member shall be a
879	879	27
880	880	licensed obstetrician/gynecologist; at least one member
881	881	shall be a licensed pediatrician in private practice; at
882	882	least one member shall be a consum er, family member of a
883	883	consumer or representative of a consumer group; at least one
884	884	member shall be a licensed physician experienced in the
885	885	study and treatment of hemophilia; at least one member shall
886	886	be a specialist in sickle cell anemia; and at least one
887	887	member shall be a specialist in cystic fibrosis.
888	888	3. Members of the committee shall not receive any
889	889	compensation for their services, but they shall, subject to
890	890	appropriations, be reimbursed for actual and necessary
891	891	expenses incurred in the pe rformance of their duties from
892	892	funds appropriated for that purpose.
893	893	192.745. 1. The "Missouri Brain Injury Advisory
894	894	Council" is hereby established in the department of health
895	895	and senior services. The members of the council [that are
896	896	serving on February 2, 2005, shall continue to fulfill their
897	897	current terms. Through attrition, the council shall
898	898	decrease from the present twenty -five members to fifteen
899	899	members. Thereafter, the successors to each of these
900	900	members] shall serve a three-year term and until the
901	901	member's successor is appointed by the [governor with the
902	902	advice and consent of the senate ] director of the department
903	903	of health and senior services . The members appointed by the
904	904	[governor] director shall include: four people with brain
905	905	injuries or relatives of persons with brain injuries, and
906	906	eleven other individuals from professional groups, health
907	907	institutions, community groups, and private industry. In
908	908	addition to the fifteen council members, individuals
909	909	representing state agencies with services that impact brain
910	910	injury survivors and their families shall participate on the
911	911	council in an ex officio nonvoting capacity. These
912	912	individuals shall be appointed by the respective agency.
913	913	28
914	914	2. The Missouri brain injury advisory council is
915	915	assigned to the department of health and senior services.
916	916	The department shall submit estimates of requirements for
917	917	appropriations on behalf of the council for the necessary
918	918	staff and expenses to carry out the duties and
919	919	responsibilities assigned by the council.
920	920	3. Meetings of the full council shall be held at least
921	921	four times a year or at the call of the council chairperson,
922	922	who shall be elected by the council. Subcommittees may meet
923	923	on an as-needed basis.
924	924	4. Members of the council shall not receive any
925	925	compensation for their services, but they shall, subject to
926	926	appropriations, be reimbursed for actual and necessary
927	927	expenses incurred in the performance of their duties from
928	928	funds appropriated for this purpose.
929	929	5. The council shall adopt written procedures to
930	930	govern its activities.
931	931	6. The council, under the direction of the department,
932	932	shall make recommendations to the department director for
933	933	developing and administering a state plan to provide
934	934	services for brain-injured persons.
935	935	7. No member of the council may participate in or seek
936	936	to influence a decision or vote of the council if the member
937	937	would be directly involved with the matter or if the member
938	938	would derive income from it. A violation of the prohibition
939	939	contained herein shall be grounds for a person to be removed
940	940	as a member of the council by the department director.
941	941	8. The council shall be advisory and shall:
942	942	(1) Promote meetings and programs for the discussion
943	943	of reducing the debilitating effects of brain injuries and
944	944	disseminate information in cooperation with any other
945	945	department, agency or entity on the prevention, evaluation,
946	946	29
947	947	care, treatment and rehabilitation of persons affected by
948	948	brain injuries;
949	949	(2) Study and review current prevention, evaluation,
950	950	care, treatment and rehabilitation technologies and
951	951	recommend appropriate preparation, training, retraining and
952	952	distribution of manpower and resources in the provision of
953	953	services to brain-injured persons through private and public
954	954	residential facilities, day programs and other specialized
955	955	services;
956	956	(3) Recommend specific methods, means and procedures
957	957	to improve and upgrade the state's service delivery system
958	958	for brain-injured citizens of this s tate;
959	959	(4) Participate in developing and disseminating
960	960	criteria and standards which may be required for future
961	961	funding or licensing of facilities, day programs and other
962	962	specialized services for brain -injured persons in this state;
963	963	(5) Report annually to the department director on its
964	964	activities, and on the results of its studies and the
965	965	recommendations of the council.
966	966	9. The department may accept on behalf of the council
967	967	federal funds, gifts and donations from individuals, private
968	968	organizations and foundations, and any other funds that may
969	969	become available.
970	970	194.300. 1. There is established within the
971	971	department of health and senior services the "Organ Donation
972	972	Advisory Committee", which shall consist of the follo wing
973	973	members appointed by the [governor with the advice and
974	974	consent of the senate ] director of the department of health
975	975	and senior services:
976	976	(1) Four representatives of organ and tissue
977	977	procurement organizations;
978	978	30
979	979	(2) Four members representa tive of organ recipients,
980	980	families of organ recipients, organ donors and families of
981	981	organ donors;
982	982	(3) One health care representative from a hospital
983	983	located in Missouri; and
984	984	(4) One representative of the department of health and
985	985	senior services.
986	986	2. Members of the advisory committee shall receive no
987	987	compensation for their services, but may be reimbursed for
988	988	the reasonable and necessary expenses incurred in the
989	989	performance of their duties out of appropriations made for
990	990	that purpose. Members shall serve for five year terms and
991	991	shall serve at the pleasure of the [governor] director.
992	992	288.220. 1. Subject to the supervision of the
993	993	director of the department of labor and industrial
994	994	relations, the division of employmen t security of the
995	995	department of labor and industrial relations shall be under
996	996	the control, management and supervision of a director who
997	997	shall be appointed by the governor, by and with the advice
998	998	and consent of the senate. The director shall serve at t he
999	999	pleasure of the governor.
1000	1000	2. The division shall be responsible for administering
1001	1001	the Missouri state unemployment insurance operation and any
1002	1002	other operations as are necessary to administer the state's
1003	1003	employment security law.
1004	1004	3. The central office of the division shall be
1005	1005	maintained in the City of Jefferson.
1006	1006	4. Subject to the supervision and approval of the
1007	1007	director of the department of labor and industrial
1008	1008	relations, it shall be the duty of the director to
1009	1009	administer this law; and the director shall have power and
1010	1010	authority to adopt, amend, or rescind any regulations as the
1011	1011	director deems necessary to the efficient internal
1012	1012	31
1013	1013	management of the division. The director shall determine
1014	1014	the division's organization and methods of p rocedure.
1015	1015	Subject to the provisions of the state [merit system]
1016	1016	personnel law, chapter 36, the director shall employ and
1017	1017	prescribe the duties and powers of the persons as may be
1018	1018	necessary. The director shall collaborate with the
1019	1019	personnel director [and the personnel advisory board ] in
1020	1020	establishing for employees of the division salaries
1021	1021	comparable to the salaries paid by other states of a similar
1022	1022	size and volume of operations to employees engaged in the
1023	1023	administration of the employment security pr ograms of those
1024	1024	states. The director may delegate to any such person the
1025	1025	power and authority as the director deems reasonable and
1026	1026	proper for the effective administration of the law, and may
1027	1027	in the director's discretion bond any person handling moneys
1028	1028	or signing checks. Further, the director shall have the
1029	1029	power to make expenditures, require reports, make
1030	1030	investigations and take other action not inconsistent with
1031	1031	this law as he or she considers necessary to the efficient
1032	1032	and proper administration of the law.
1033	1033	5. Subject to the approval of the director of the
1034	1034	department of labor and industrial relations and the
1035	1035	commission, the director shall adopt, amend or rescind the
1036	1036	rules and regulations as are necessary to implement any of
1037	1037	the provisions of this law not relating to the internal
1038	1038	management of the division; however, the rules and
1039	1039	regulations shall not become effective until ten days after
1040	1040	their approval by the commission and copies thereof have
1041	1041	been filed in the office of the secretary of state.
1042	1042	[36.050. 1. The personnel advisory board
1043	1043	and its functions, duties and powers prescribed
1044	1044	in this chapter is transferred by type III
1045	1045	transfer to the office of administration.
1046	1046	2. The personnel advisory board shall
1047	1047	consist of seven members. Four members of the
1048	1048	board shall be public members, citizens of the
1049	1049	32
1050	1050	state who are not state employees or officials,
1051	1051	of good character and reputation, who are known
1052	1052	to be in sympathy with the application of merit
1053	1053	principles to public employment. Two members
1054	1054	shall be employees of state agencies subject to
1055	1055	this chapter pursuant to subsection 1 of section
1056	1056	36.030 or any department, agency, or position of
1057	1057	the executive branch of state government not
1058	1058	exempted from section 36.031, on e a member of
1059	1059	executive management, and one a nonmanagement
1060	1060	employee. The state equal employment
1061	1061	opportunity officer shall be a member of the
1062	1062	board. No member of the board, during the
1063	1063	member's term of office, or for at least one
1064	1064	year prior thereto, shall be a member of any
1065	1065	local, state or national committee of a
1066	1066	political party or an officer or member of a
1067	1067	committee in any partisan political club or
1068	1068	organization, or hold, or be a candidate for, a
1069	1069	partisan public office. An employee member who
1070	1070	leaves state employment or otherwise fails to
1071	1071	further qualify for the appointment shall vacate
1072	1072	the position.
1073	1073	3. The members of the board shall be
1074	1074	appointed by the governor by and with the advice
1075	1075	and consent of the senate. Appointments of all
1076	1076	members shall be for terms of six years. Any
1077	1077	vacancy shall be filled by an appointment for
1078	1078	the unexpired term. Each member of the board
1079	1079	shall hold office until such member's successor
1080	1080	is appointed and qualified.
1081	1081	4. A member of the board is remov able by
1082	1082	the governor only for just cause, after being
1083	1083	given a written notice setting forth in
1084	1084	substantial detail the charges against the
1085	1085	member and an opportunity to be heard publicly
1086	1086	on the charges before the governor. A copy of
1087	1087	the charges and a transcript of the record of
1088	1088	the hearing shall be filed with the secretary of
1089	1089	state.
1090	1090	5. Each public member of the board shall
1091	1091	be paid an amount for each day devoted to the
1092	1092	work of the board which shall be determined by
1093	1093	the commissioner of administ ration and filed
1094	1094	with the reorganization plan of the office of
1095	1095	administration; provided, however, that such
1096	1096	amount shall not exceed that paid to members of
1097	1097	boards and commissions with comparable
1098	1098	responsibilities. All board members are
1099	1099	entitled to reimbursement for necessary travel
1100	1100	and other expenses pertaining to the duties of
1101	1101	the board. Duties performed for the board by
1102	1102	any employee member of the board shall be
1103	1103	considered duties in connection with the
1104	1104	appointment of the individual, and such em ployee
1105	1105	member shall suffer no loss of regular
1106	1106	compensation by reason of performance of such
1107	1107	duties.
1108	1108	33
1109	1109	6. The board shall elect from among its
1110	1110	membership a chairman and vice chairman, who
1111	1111	shall act as chairman in the chairman's
1112	1112	absence. It shall meet at the times and places
1113	1113	specified by call of the chairman, the governor,
1114	1114	or the director. At least one meeting shall be
1115	1115	held every three months. All regular meetings
1116	1116	are open to the public. Notice of each meeting
1117	1117	shall be given in writing to e ach member by the
1118	1118	director. Four members shall constitute a
1119	1119	quorum for the transaction of official business.
1120	1120	7. To assist in the performance of its
1121	1121	duties the board may employ staff from funds
1122	1122	appropriated for this purpose; provided,
1123	1123	however, that this provision shall not be
1124	1124	interpreted to limit the ability of the
1125	1125	personnel director to provide assistance to the
1126	1126	board.]