reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.159 - State employee not to be coerced into political activity — penalty.

Title IV EXECUTIVE BRANCH
Chapter 36
• Effective - 28 Aug 1998
36.159. State employee not to be coerced into political activity — penalty. —
It shall be unlawful for any person to intimidate, threaten, command or coerce any employee of the state to engage in, or not to engage in, any political activity, including, but not limited to, voting, or refusing to vote, for any candidate or measure in any election, making, or refusing to make, any political contribution or working, or refusing to work, on behalf of any candidate. No employee of this state shall discriminate against, discipline or otherwise create a preference for or against any employee subject to such person's authority as a consequence of such employee's political belief or expression of such belief. Any person who violates the provisions of this section is guilty of a class three election offense as established in section 115.635, punishable by a term of imprisonment for not more than one year and a fine of not more than two thousand five hundred dollars, or both such fine and imprisonment. Any person convicted of a violation of this section shall lose such person's position in the agency.
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(L. 1998 H.B. 927)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.160 - Interference with fair examination or ratings — misdemeanor.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 1945
36.160. Interference with fair examination or ratings — misdemeanor. —
1. No person shall make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under any provision of this chapter or in any manner commit or attempt to commit any fraud preventing the impartial execution of this law and the regulations.
2. No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position subject to this law.
3. No employee of the personnel division, examiner, or other person shall defeat, deceive or obstruct any person in this right to examination, eligibility, certification or appointment under this law, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in a division of service subject to this law. Any person who shall violate any provision of this section shall be guilty of a misdemeanor.
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(L. 1945 p. 1157 § 44)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.170 - Examinations, how conducted — agencies may administer.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 2018, 2 histories
36.170. Examinations, how conducted — agencies may administer. —
1. The standards of education or experience expected for a position subject to this chapter pursuant to subsection 1 of section 36.030 shall be established on the basis of specified knowledge, skills, and abilities. The director or an appointing authority may conduct such open competitive and promotional examinations as appropriate to implement the provisions of subsection 1 of section 36.030. The examinations shall be of such character as to determine the qualifications, fitness and ability of the persons examined to perform the duties of the position or class for which a register is to be established. No question shall be so framed as to elicit information concerning the political or religious opinions or affiliations of an applicant.
2. Agencies may request authority from the director, or the director may delegate authority to agencies, to conduct examinations for some or all positions or job classes. When such action is taken, the director may establish standards and guidelines to be followed.
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(L. 1945 p. 1157 § 20, A.L. 1979 H.B. 673, A.L. 1984 S.B. 464, A.L. 1996 H.B. 1146, A.L. 2018 S.B. 1007)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.180 - Examinations — accessibility and accommodations for persons with disabilities — rejection of applications — confidentiality of documents.

Title IV EXECUTIVE BRANCH
Chapter 36
• Effective - 28 Aug 2018, 2 histories
36.180. Examinations — accessibility and accommodations for persons with disabilities — rejection of applications — confidentiality of documents. —
1. All examinations conducted by the director or an appointing authority shall be accessible to persons with disabilities.
2. A qualified applicant with a disability needing reasonable accommodations may request said accommodations to participate in the application process for positions subject to this chapter pursuant to subsection 1 of section 36.030 and those positions subject to this section pursuant to section 36.031. The director or the appointing authority filling the particular position shall provide reasonable accommodations to such.
3. The director may reject the application of any person for admission to an examination, strike the name of any person from the register, refuse to certify the name of any person, or withdraw the certification of a person if the director finds that the person lacks any of the qualifications, has been convicted of a crime which raises questions about his or her qualifications, has been dismissed from the public service for delinquency, has made a false statement of a material fact or practiced or attempted to practice any fraud or deception, in his or her application or examination or in attempting to secure appointment.
4. The application, application materials, examination papers, and any other document related to the selection process shall not be considered a public record, as that term is defined under section 610.010.
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(L. 1945 p. 1157 § 21, A.L. 1965 p. 145, A.L. 1979 H.B. 673, A.L. 1984 S.B. 464, A.L. 1996 H.B. 1146, A.L. 2018 S.B. 1007)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.190 - Notice of class or position openings — information to be given in notice.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 2018, 2 histories
36.190. Notice of class or position openings — information to be given in notice. —
1. Appropriate public notice shall be given for each class or position subject to this chapter pursuant to subsection 1 of section 36.030 sufficiently in advance and sufficiently widespread in scope to afford qualified persons who are interested a reasonable opportunity to apply.
2. Each public notice of an examination for a class or position subject to this chapter pursuant to subsection 1 of section 36.030 shall state the title, duties, pay and qualifications of the class or position, the time, place, and manner of making application, and any other information which may be considered pertinent and useful.
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(L. 1945 p. 1157 § 22, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146, A.L. 2018 S.B. 1007)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.200 - Evaluation of qualifications of applicants.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 2018, 2 histories
36.200. Evaluation of qualifications of applicants. —
The methods for evaluating the qualifications of each applicant for a position subject to this chapter pursuant to subsection 1 of section 36.030 shall be determined by the appointing authority.
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(L. 1945 p. 1157 § 23, A.L. 1979 H.B. 673, A.L. 2018 S.B. 1007)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.220 - Preference for veterans — exceptions.

Title IV EXECUTIVE BRANCH
Chapter 36
• Effective - 28 Aug 2018, 2 histories
36.220. Preference for veterans — exceptions. —
1. In any competitive examination for the purpose of establishing a register of eligibles, veterans, disabled veterans, surviving spouses and spouses of disabled veterans shall be given preference. A veteran, or the surviving spouse of a veteran, a disabled veteran, or the spouse of a disabled veteran shall be given preference in appointment to a position subject to this chapter pursuant to subsection 1 of section 36.030 over other eligibles if all other relevant job-related factors are equal.
2. Any person who has been honorably discharged from the Armed Forces of the United States shall receive appropriate credit for any training or experience gained therein in any examination if the training or experience is related to the duties of the class of positions for which the examination is given.
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(L. 1945 p. 1157 § 24, A.L. 1957 p. 494, A.L. 1959 H.B. 111, A.L. 1979 H.B. 673, A.L. 2018 S.B. 1007)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.221 - Missouri National Guard members offered interview for merit positions, when.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 2021
36.221. Missouri National Guard members offered interview for merit positions, when. —
In filling any position where employees are selected on the basis of merit under subsection 1 of section 36.030, the appointing authority shall offer an interview to every person who is or was a member of the Missouri National Guard whose name appears on the register of eligibles for the position.
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(L. 2021 S.B. 120)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.225 - Competitive examination, parental preference — eligibility, effect.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 2018, 2 histories
36.225. Competitive examination, parental preference — eligibility, effect. —
1. In any competitive examination given for the purpose of establishing a register of eligibles, a parental preference shall be given to persons who were previously employed by the state but terminated such employment to care for young children. This preference shall be given only for persons who were full-time homemakers and caretakers of children under the age of ten and were not otherwise gainfully employed for a period of at least two years.
2. Applicants entitled to parental preference shall be given such preference in appointments over other eligibles, excluding applicants eligible for a veteran's preference, if all other relevant job-related factors are equal.
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(L. 1995 H.B. 429, A.L. 2018 S.B. 1007)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.240 - Appointing authorities, procedure to fill vacancies — director to certify for selection the names of available eligibles.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 2018, 2 histories
36.240. Appointing authorities, procedure to fill vacancies — director to certify for selection the names of available eligibles. —
1. An appointing authority may fill one or more vacancies for positions subject to this chapter pursuant to subsection 1 of section 36.030 by submitting to the director, as far in advance of the desired appointment date as possible, a requisition for the certification of eligible persons from an appropriate register. The requisition shall contain information as required by the director. The appointing authority, subject to conditions specified in the regulations, may also designate special requirements of domicile or the possession of special skills. If the director finds that such requirements would contribute substantially to effective performance of the duties involved, certification may be limited to persons on the register who meet such requirements.
2. Upon a request for certification, the director shall certify for selection the names of available eligibles.
3. When a position subject to this chapter pursuant to subsection 1 of section 36.030 is limited in duration, the director may certify any eligible who will accept employment under such conditions. A person appointed to a position under such conditions shall remain on the register and shall be eligible for certification to a permanent position until the register itself has expired.
4. Eligibles who do not respond within a reasonable period to a notice of certification may at the discretion of the director be dropped from the eligible register.
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(L. 1945 p. 1157 § 25, A.L. 1973 1st Ex. Sess. H.B. 8, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146, A.L. 2018 S.B. 1007)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.250 - Probationary periods.

Title IV EXECUTIVE BRANCH
Chapter 36
• Effective - 28 Aug 2023, 3 histories
36.250. Probationary periods. —
1. Every person appointed to a permanent position described under subdivision (2) of subsection 1 of section 36.030 shall be required to successfully complete a working test during a probationary period which shall be of sufficient length to enable the appointing authority to observe the employee's ability to perform the various duties pertaining to the position.
2. The director shall by regulation establish the standards governing normal length of the probationary period for different classes of positions. The regulations shall specify the criteria for reducing or lengthening the probationary period for individuals within the various classes. The minimum probationary period shall be three months. The maximum probationary period shall be eighteen months for top professional personnel and personnel with substantial supervisory or administrative responsibilities, and twelve months for all others. However, a probationary period shall not be required for an employee reinstated within two years after layoff or demotion in lieu of layoff by the same division of service.
3. Prior to the expiration of an employee's probationary period, the appointing authority shall notify the director and the employee in writing whether the services of the employee have been satisfactory and whether the appointing authority will continue the employee in the employee's position.
4. At any time during the probationary period the appointing authority may remove an employee if, in the opinion of the appointing authority, the working test indicates that the employee is unable or unwilling to perform the duties of the position satisfactorily. Upon removal, the appointing authority shall forthwith report to the director and to the employee removed, in writing, the appointing authority's action and the reason thereof. An employee who is found by the director to have been appointed through fraud shall be removed within ten days of notification of the appointing authority.
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(L. 1945 p. 1157 § 26, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146, A.L. 2018 S.B. 1007, A.L. 2023 S.B. 111)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.280 - Transfer of employees — written notice to director.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 2018, 2 histories
36.280. Transfer of employees — written notice to director. —
An appointing authority may at any time assign a person employed in a position described under subsection 1 of section 36.030 or a person employed in a position in a department or agency of the executive branch of state government not exempted from section 36.031 from one position to another position in the same class in the appointing authority's division. A transfer of an employee from a position in one division to a position in the same class in another division may be made with the approval of the appointing authorities of both divisions. Upon making either such assignment the transferring appointing authority shall forthwith give written notice of the appointing authority's action to the director.
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(L. 1945 p. 1157 § 29, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146, A.L. 2010 H.B. 1868, A.L. 2018 S.B. 1007)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.320 - Promotional register.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 2018, 2 histories
36.320. Promotional register. —
1. The director may establish and maintain such promotional registers and registers of eligibles for the various locations or divisions of service subject to this chapter pursuant to subsection 1 of section 36.030 as the director deems necessary or desirable to meet the needs of the service.
2. The time during which a promotional register or register of eligibles remains in force shall be determined by the director so as to best meet the needs of the service. The director may consolidate or cancel promotional registers and registers of eligibles as the needs of the service require.
3. In circumstances where there is a continuous need for substantial numbers of eligibles for a certain class of positions, the director may, after first establishing such a register, replenish the register from time to time by inserting the names of additional eligibles who are found to be qualified on the basis of determinations similar to those used as a basis for establishing the original register. The method for establishing, replenishing, and cancelling such a register may be determined by the regulations.
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(L. 1945 p. 1157 § 19, A. 1949 S.B. 1018, A.L. 1996 H.B. 1146, A.L. 2018 S.B. 1007)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.330 - Director to certify employment rights of state and of employees.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 1996
36.330. Director to certify employment rights of state and of employees. —
1. No state disbursing or auditing officer shall make or approve or take any part in making or approving any payment for personal service to any person employed in a division of service subject to this chapter unless such person is and employed in accordance with the provisions of this chapter and the regulations adopted pursuant to this chapter. Changes in employment conditions or status which are governed by this chapter and the regulations adopted pursuant to this chapter shall be subject to the same conditions. The director shall establish the procedures necessary to secure compliance with this section.
2. Any sum paid contrary to any provision of this chapter or of any regulations adopted pursuant to this chapter may be recovered for the state in an action maintained by any citizen of Missouri, from any officer who made, approved or authorized such payment or who signed or countersigned a voucher, payroll, check or warrant for such payment, or from the sureties on the official bond of any such officer. All moneys recovered in any such action shall be paid into the state treasury. Any citizen of Missouri may maintain a suit to restrain a disbursing officer from making any payment in contravention of any provision of this chapter, or of any regulations adopted pursuant to this chapter.
3. If the director wrongfully withholds certification of any employee pursuant to this section, such employee may maintain a proceeding to compel the director to make the appropriate certification.
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(L. 1945 p. 1157 § 34, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.340 - Director may establish system of service reports.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 2018, 2 histories
36.340. Director may establish system of service reports. —
In cooperation with appointing authorities the director may establish a system of service reports. Such service reports, if any, may take into consideration, among other things, the employee's conduct, performance, and output. In such manner and with such weight as shall be provided in the regulations, ratings assigned to such service reports may be considered in determining salary increases and decreases within the limits established by law and by the pay plan; as a factor in promotional decisions; as a factor in determining employees who should be demoted, transferred or dismissed. In such manner and at such time as the regulations may require, each appointing authority shall report to the director on the services of employees in his or her division. Any employee shall be given reasonable opportunity to inspect the records of the department which show the ratings assigned to his or her service reports.
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(L. 1945 p. 1157 § 31, A.L. 2018 S.B. 1007)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.350 - Sick and annual leaves — regulations to apply to all state agencies.

Title IV EXECUTIVE BRANCH
Chapter 36
• Effective - 28 Aug 1979
36.350. Sick and annual leaves — regulations to apply to all state agencies. —
The regulations shall provide for the hours of work, holidays, attendance, and leaves of absence in the various classes of positions subject to this law. They shall contain provisions for annual leave, sick leave, and special leaves of absence, with or without pay, or with reduced pay, and may allow special extended leaves for employees disabled through injury or illness arising out of their employment, and the accumulation of annual leave and sick leave. Such regulations shall apply in all state agencies.
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(L. 1945 p. 1157 § 32, A.L. 1979 H.B. 673)
CROSS REFERENCES:
Military leave for public employees, 105.270
Sick leave unused to be included in years of service, 104.601
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.370 - Suspension of employees — exception for National Guard members, when — appeal from suspension authorized.

Title IV EXECUTIVE BRANCH
Chapter 36
• Effective - 28 Aug 2010
36.370. Suspension of employees — exception for National Guard members, when — appeal from suspension authorized. —
1. An appointing authority may, for disciplinary purposes, suspend without pay any employee in his division for such length of time as he considers appropriate, not exceeding twenty working days in any twelve-month period except that this limitation shall not apply in the event of a terminal suspension given in conjunction with a dismissal. In case of a suspension, the director shall be furnished with a statement in writing specifically setting forth the reasons for such suspension. Upon request, a copy of such statement shall be furnished to such employee. With the approval of the director, any employee may be suspended for a longer period pending the investigation or trial of any charges against him. Any regular employee who is suspended for more than five working days shall have the right to appeal to the administrative hearing commission as provided under section 36.390.
2. An appointing authority may not suspend without pay any employee in his division who is a member of the National Guard and is engaged in the performance of duty or training in the service of this state at the call of the governor and as ordered by the adjutant general, but shall grant a leave of absence from duty without loss of time, pay, regular leave, impairment of efficiency rating, or of any other rights or benefits, to which otherwise entitled, and shall pay that employee his salary or compensation for the entire period of absence for that purpose.
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(L. 1945 p. 1157 § 36, A.L. 1973 1st Ex. Sess. H.B. 8, A.L. 1979 H.B. 673, A.L. 2010 H.B. 1868)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.380 - Dismissal of employee — notice.

Title IV EXECUTIVE BRANCH
Chapter 36
• Effective - 28 Aug 2018, 2 histories
36.380. Dismissal of employee — notice. —
An appointing authority may dismiss for cause any regular employee in his or her division when he or she considers that such action is required in the interests of efficient administration and that the good of the service will be served thereby. No dismissal of a regular employee shall take effect unless, prior to the effective date thereof, the appointing authority gives to such employee a written statement notifying the employee of the decision and setting forth in substance the reason therefor. When it is not practicable to give the notice of dismissal to an employee in person, it may be sent to the employee by certified or registered mail, return receipt requested, at his or her last mailing address as shown in the personnel records of the appointing authority. Proof of refusal of the employee to accept delivery or the inability of postal authorities to deliver such mail shall be accepted as evidence that the required notice of dismissal has been given. Any regular employee who is dismissed shall have the right to appeal to the administrative hearing commission as provided under section 36.390.
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(L. 1945 p. 1157 § 37, A.L. 1973 1st Ex. Sess. H.B. 8, A.L. 1977 S.B. 98, A.L. 2010 H.B. 1868, A.L. 2018 S.B. 1007)
(1976) Held, a nonprobationary employee is entitled to a "due process" hearing prior to discharge. Employee has a property interest in his employment which is protected under the fourteenth amendment. Kennedy v. Robb (CAMo.), 547 F.2d 408.
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.400 - Powers of commission to administer oaths and issue subpoenas.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 2018, 2 histories
36.400. Powers of commission to administer oaths and issue subpoenas. —
The administrative hearing commission and each commissioner shall have power to administer oaths, subpoena witnesses, and compel the production of books and papers pertinent to any investigation or hearing authorized by this chapter. Any person who shall fail to appear in response to a subpoena or to answer any question or produce any books or papers pertinent to any such investigation or hearing, or who shall knowingly give false testimony therein, shall be guilty of a misdemeanor.
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(L. 1945 p. 1157 § 39, A.L. 2010 H.B. 1868, A.L. 2018 S.B. 1007)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.410 - Failure of employee to testify — penalty.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 1945
36.410. Failure of employee to testify — penalty. —
If any employee in a position subject to this law shall willfully refuse or fail to appear before any court or judge, any legislative committee, or any officer, board or body authorized to conduct any hearing or inquiry, or having appeared shall refuse to testify or answer any question relating to the affairs or government of the state or the conduct of any state officer or employee on the ground that his testimony or answers would tend to incriminate him, or shall refuse to waive immunity from prosecution on account of any matter about which he may be asked to testify at any such hearing or inquiry, he shall forfeit his position and shall not be eligible for appointment to any position under the provisions of this chapter.
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(L. 1945 p. 1157 § 40)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.420 - Records open for public inspection.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 1945
36.420. Records open for public inspection. —
The records of the personnel division, except such records as the regulations may require to be held confidential for reasons of public policy, shall be public records and shall be open to public inspection, subject to regulations as to the time and manner of inspection which may be prescribed by the board.
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(L. 1945 p. 1157 § 42)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.430 - Use of public buildings.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 1945
36.430. Use of public buildings. —
All officers and employees of the state and of municipalities and political subdivisions of the state shall allow the personnel division the reasonable use of public buildings under their control, and furnish heat, light and furniture, for any examination, hearing or investigation authorized by this law. The personnel division shall pay to a municipality or political subdivision the reasonable cost of any such facilities furnished by it.
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(L. 1945 p. 1157 § 41)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.440 - Compliance with law — penalty for failure to comply.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 2023, 3 histories
36.440. Compliance with law — penalty for failure to comply. —
1. All officers and employees of the state subject to provisions of this chapter, whether pursuant to subsection 1 of section 36.030 or pursuant to section 36.031, shall comply with and aid in all proper ways in carrying out the provisions of this chapter applicable to them and the regulations adopted thereunder. All officers and employees shall furnish any records or information which the director may request for any purpose of this law.
2. A state officer or employee who shall fail to comply with any provision of this chapter or of any regulation adopted thereunder that is applicable to such person shall be subject to all penalties and remedies now or hereafter provided by law for the failure of a public officer or employee to do any act required of him or her by this chapter. The director may maintain such action or proceeding at law or in equity as he or she considers necessary or appropriate to secure compliance with this chapter and the regulations adopted thereunder.
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(L. 1945 p. 1157 § 46, A.L. 2018 S.B. 1007, A.L. 2023 S.B. 111)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.450 - Costs of administration, paid how.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 1979
36.450. Costs of administration, paid how. —
The costs incurred in the administration of this law shall be paid from the general revenue fund of this state; provided, however, that the director shall, and he is hereby authorized to, enter into agreements with agencies of the federal or state government which control grants of money to the state for the administration of state laws enacted pursuant to the federal Social Security Act or other federal laws or regulations whereby the actual costs incurred in connection with the examination, selection, promotion, transfer or discipline of employees of divisions of the service charged with the administration of said laws shall be paid, in whole or in part, from funds granted for the administration of such laws.
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(L. 1945 p. 1157 § 46a, A.L. 1979 H.B. 673)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.460 - Violation by employee — penalty.

Title IV EXECUTIVE BRANCH
Chapter 36
• Effective - 28 Aug 1945
36.460. Violation by employee — penalty. —
Any person holding any position of employment covered by the provisions of this chapter who shall willfully violate any provision hereof shall forfeit his or her position as well as his or her eligibility rating and for a period of at least five years from and after the date of such violation shall be ineligible for appointment to or employment in any position covered by this law.
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(L. 1945 p. 1157 § 47)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.500 - Personnel division to perform personnel studies and services as directed by commissioner.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 15 Jan 1973, see footnote
36.500. Personnel division to perform personnel studies and services as directed by commissioner. —
The personnel division shall collect information, provide services, make studies and analyses as directed by the commissioner of administration of personnel covered by the provisions of this chapter and other systems in the executive branch of state government and to perform any other service as directed by the commissioner or the governor to promote uniformity in employment conditions and compensation of state employees, provide aid to departments in personnel matters and to develop a career system of state service that will enable the state to utilize all its personnel in as efficient and effective a manner as possible without restrictions of department, agency or other entity of the executive branch of state government.
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(L. 1971 H.B. 384)
Effective 1-15-73
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 36 - State Personnel Law (Merit System) › Section 36.510 - Director's duties for all state agencies — strikes by merit system employees.

Title IV EXECUTIVE BRANCH
Chapter 36
Effective - 28 Aug 2023, 3 histories
36.510. Director's duties for all state agencies — strikes by merit system employees. —
1. In addition to other duties specified elsewhere in this chapter the director may perform the following functions in some or all agencies of state government:
(1) Develop, initiate and implement a central training program for personnel in agencies of state government and encourage and assist in the development of such specialized training activities as can best be administered internally by such individual agencies;
(2) Establish a management trainee program and prescribe rules for the establishment of a career executive service for the state;
(3) Promulgate regulations regarding mandatory training for persons employed in management positions in state agencies;
(4) Institute, coordinate and direct a statewide program for recruitment of personnel in cooperation with appointing authorities in state agencies;
(5) Assist all state departments in setting productivity goals and in implementing a standard system of performance appraisals;
(6) Establish and direct a central labor relations function for the state which shall coordinate labor relations activities in individual state agencies, including participation in negotiations and approval of agreements relating to uniform wages, benefits and those aspects of employment which have fiscal impact on the state; and
(7) Promulgate rules and establish procedures and standards relating to position classification and compensation of employees which are designed to secure essential uniformity and comparability among state agencies.
2. Any person who is employed in a position subject to this chapter who engaged in a strike or labor stoppage shall be subject to the penalties provided by law.
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(L. 1979 H.B. 673, A.L. 1996 H.B. 1146, A.L. 2018 S.B. 1007, A.L. 2023 S.B. 111)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.007 - Credit card, debit card, and other electronic payments, statewide system for all state agencies and departments.

Title IV EXECUTIVE BRANCH
Chapter 37
Effective - 28 Aug 2019, 2 histories
37.007. Credit card, debit card, and other electronic payments, statewide system for all state agencies and departments. —
Within six months of August 28, 2012, the commissioner of the office of administration shall develop and implement a statewide system or contract with any third party to allow all state agencies and departments to accept payments made by a credit card, debit card, or other electronic method designated by the commissioner. State agencies and departments shall not incur any additional fees for utilizing such payment methods, unless authorized by the commissioner of administration upon a finding that the payment of such fees would result in a positive fiscal impact to the state.
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(L. 2012 H.B. 1094, A.L. 2019 H.B. 1088)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.012 - Commissioner may provide cooperative purchasing services — when.

Title IV EXECUTIVE BRANCH
Chapter 37
Effective - 28 Aug 1990
37.012. Commissioner may provide cooperative purchasing services — when. —
The commissioner of administration may provide cooperative purchasing services to quasi-public governmental bodies, as defined in section 610.010, in the same manner as those services are provided to political subdivisions pursuant to section 67.360. However, this section shall not authorize the cooperative purchasing of investment and banking services.
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(L. 1990 S.B. 808 & 672 § 3)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.013 - Definitions.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 2014
37.013. Definitions. —
As used in this section and section 37.014:
(1)
"Commission"
refers to the Missouri minority business advocacy commission established under section 37.014;
(2)
"Contract"
means any contract awarded by a state agency for construction projects or the procurement of goods or services, including professional services;
(3)
"Minority business enterprise"
or
"minority business"
means an individual, partnership, corporation, or joint venture of any kind that is owned and controlled by one or more persons who are:
(a) United States citizens; and
(b) Members of a racial minority group;
(4)
"Owned and controlled"
means having:
(a) Ownership of at least fifty-one percent of the enterprise, including corporate stock of a corporation;
(b) Control over the management and day-to-day operations of the business; and
(c) An interest in the capital, assets, and profits and losses of the business proportionate to the percentage of ownership;
(5)
"Racial minority group"
means:
(a) Blacks;
(b) American Indians;
(c) Hispanics;
(d) Asian Americans; and
(e) Other similar racial minority groups;
(6)
"State agency"
refers to an authority, board, branch, commission, committee, department, division, or other instrumentality of the executive branch of state government.
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(L. 1984 S.B. 468 § 1, A.L. 1993 H.B. 566, A.L. 2014 H.B. 1299 Revision)
Transferred 2014; formerly 33.750
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.016 - Minority business advocacy commission to confer with division of tourism on rules.

Title IV EXECUTIVE BRANCH
Chapter 37
Effective - 28 Aug 2014
37.016. Minority business advocacy commission to confer with division of tourism on rules. —
The minority business advocacy commission shall consult with the tourism commission in establishing rules and regulations for African-American and other minority business participation.
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(L. 1993 H.B. 188 § 2, A.L. 2014 H.B. 1299 Revision)
Transferred 2014; formerly 33.756
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.023 - Women's and minority business enterprises certifications, rules authorized.

Title IV EXECUTIVE BRANCH
Chapter 37
Effective - 28 Aug 1995
37.023. Women's and minority business enterprises certifications, rules authorized. —
The office of administration shall promulgate rules for a plan to certify women's and minority business enterprises as defined in section 37.020.
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(L. 1995 H.B. 562)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.070 - Transparency policy — public availability of data — broad interpretation of sunshine law requests — breach of the public trust, when.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 11 Jul 2011, see footnote
37.070. Transparency policy — public availability of data — broad interpretation of sunshine law requests — breach of the public trust, when. —
1. It shall be the policy of each state department to carry out its mission with full transparency to the public. Any data collected in the course of its duties shall be made available to the public in a timely fashion. Data, reports, and other information resulting from any activities conducted by the department in the course of its duties shall be easily accessible by any member of the public.
2. Each department shall broadly interpret any request for information under section 610.023:
(1) Even if such request for information does not use the words "sunshine request", "open records request", "public records request", or any such similar wording;
(2) Even if the communication is simply an inquiry as to the availability or existence of data or information; and
(3) Regardless of the format in which the communication is made, including electronic mail, facsimile, internet, postal mail, in person, telephone, or any other format.
3. Any failure by a department to release information shall, in addition to any other applicable violation of law, be considered a violation of the department's policy under this section and shall constitute a breach of the public's trust.
4. This section shall not be construed to limit or exceed the requirements of the provisions in chapter 610, nor shall this section require different treatment of a record considered closed or confidential under section 610.021 than what is required under that section.
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(L. 2011 H.B. 89 § 37.970)
Effective 7-11-11
CROSS REFERENCE:
Nonseverability clause, 640.099
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.075 - Federal surplus property — office of administration as agency for distribution.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 1963
37.075. Federal surplus property — office of administration as agency for distribution. —
1. The office of administration is designated as the "Missouri State Agency for Surplus Property". It may acquire, warehouse, and distribute federal surplus property to any and all eligible departments and agencies of the state and local government, and to any and all other institutions and organizations eligible to receive surplus property under Public Law 152, 81st Congress, as amended, and under any other laws enacted by the Congress of the United States which provide for the disposal of United States government surplus property, and may otherwise cooperate with the federal government in the transfer of government surplus property.
2. The state agency for surplus property may take any action necessary for the accomplishment of the purposes of this section and section 37.080 and it may make the certifications and enter into the agreements for and on behalf of the state which are necessary or appropriate under the controlling federal statutes and regulations, and may make regulations necessary for the disposal of surplus properties.
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(L. 1963 p. 200 § 2-19)
(Source: RSMo 1959 § 160.173)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.076 - Federal surplus property fund established, purpose — investment — not to lapse into general revenue.

Title IV EXECUTIVE BRANCH
Chapter 37
Effective - 02 Jul 1990, see footnote
37.076. Federal surplus property fund established, purpose — investment — not to lapse into general revenue. —
There is established in the state treasury a fund to be known as the "Federal Surplus Property Fund". All fees or other moneys received by the state agency for surplus property from the acquisition, warehousing, distribution, sale, transfer or other disposition of federal surplus property shall be deposited to the federal surplus property fund. Notwithstanding the provisions of section 33.080 to the contrary, moneys in such fund shall not be transferred to the general revenue fund at the end of the biennium. Moneys in the fund shall not exceed the amount specified pursuant to the state agency plan of operation as approved by the General Services Administration, or its successor organization. Moneys in the fund not currently needed may be invested by the state treasurer and any income therefrom shall be deposited to the credit of the federal surplus property fund.
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(L. 1990 S.B. 816 § 2)
Effective 7-02-90
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.078 - Recycling of waste, agency to promote, annual report.

Title IV EXECUTIVE BRANCH
Chapter 37
Effective - 28 Aug 1986
37.078. Recycling of waste, agency to promote, annual report. —
The state agency for surplus property shall review its procedures and policies and make necessary changes to promote the recycling of paper, oil and other materials which might otherwise be disposed of as waste which result from activities of state government. The state agency for surplus property shall assist other state agencies and departments in implementing recycling programs, shall support federal incentives and policies designed to promote these same goals, and shall prepare and provide upon request an annual report summarizing its plans and activities pursuant to this section.
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(L. 1986 S.B. 475)
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.079 - Report by commissioner on surplus property agency, content.

Title IV EXECUTIVE BRANCH
Chapter 37
Effective - 02 Jul 1990, see footnote
37.079. Report by commissioner on surplus property agency, content. —
The commissioner of administration shall report annually in writing to the appropriations committees of the general assembly regarding the operation of the Missouri state agency for surplus property, as defined in section 37.075. The report shall be submitted by the commissioner as part of the appropriations process for the annual budget of the office of administration and shall contain financial information relating to the operation of the state agency for surplus property for the preceding fiscal year, including, but not limited to, the types and value of property acquired as determined by the agency, the costs for transportation of the property expended by the agency, the overhead of the agency as a dollar value and as a percentage of property acquired, the method by which such overhead is calculated, the value of the property distributed to qualified entities eligible to receive surplus property pursuant to federal law, the value of the property distributed to departments and agencies of the state, the value of and income derived from the property disposed of to nonqualified entities by sealed bid, the value of the property distributed or disposed of by other means, and the salaries paid and actual expenses and costs incurred during operation of the state agency for surplus property.
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(L. 1990 S.B. 816 § 1)
Effective 7-02-90
2023 Missouri Revised Statutes › Title IV - Executive Branch › Chapter 37 - Office of Administration › Section 37.080 - Fees for expenses of distributing surplus property — use — commissioner to give bond.

Title IV EXECUTIVE BRANCH
Chapter 37
• Effective - 28 Aug 1963
37.080. Fees for expenses of distributing surplus property — use — commissioner to give bond. —
1. The state agency for surplus property may charge fees in an amount necessary for the reimbursement of freight, handling, warehousing, transferring, and accounting for surplus property handled by it. Moneys so collected shall be used for the operation and maintenance of the state agency for surplus property and for no other purpose. Any moneys found by the agency to be in excess of the costs incurred may be refunded within the fiscal period to the parties from whom the moneys were received.
2. The commissioner of the office of administration shall receive and keep all moneys collected under this section and shall disburse them under the direction of the state agency for surplus property in accordance with this law. He shall give a bond in an amount fixed and approved by the office of administration for the safekeeping and faithful administration of the funds. The premium of the bond shall be paid from funds received under this law.
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(L. 1963 p. 200 § 2-20)
(Source: RSMo 1959 § 160.175)