Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 20 - Personnel Advisory Board and Division of Personnel › Chapter 1 - Organization and Operation › Section 1 CSR 20-1.040 - Unclassified Service

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines the unclassified service
				  of the state under coverage of the State Personnel Law.
Personnel Law or of these rules which relate to the
				  classification and allocation of positions or which relate to the selection,
				  appointment, compensation, and removal of persons employed in these positions.
				  The following positions, as well as others that may be provided in law,
				  including section 36.030.2, RSMo, comprise this unclassified service:
(A) Deputy(ies) or other policy-making
				assistants to the unclassified department director or division director as
				warranted by the size and complexity of the organization and as approved by the
				Personnel Advisory Board. Appointing authorities shall submit to the board a
				written request for each unclassified deputy or other policy-making assistant
				position describing the size and complexity of the organization, the reasons
				for requesting the unclassified position, and the relationship of the proposed
				position to other administrative positions in the agency both classified and
				unclassified. The duties assigned to unclassified deputies or other
				policy-making assistants shall not be designed to replace a classified position
				occupied by an incumbent or to result in the downward reclassification, layoff,
				or demotion of an incumbent of a classified position;
(B) The administrative head of each state
				medical, penal, and correctional institution, as warranted by the size and
				complexity of the organization and as approved by the board in the same manner
				and under the same conditions as provided for unclassified deputies and other
				policy-making assistants; and
(C)
				Other persons whose employment is such that standard selection and standard
				classification and compensation practices are not practical under all
				circumstances as determined by the director. The circumstances which justify
				that determination shall include the following:
1. Cooperative education programs with
				secondary schools involving part-time employment of students;
2. Positions involving short-term, part-time,
				or intermittent work schedules which do not exceed the equivalent of one-half
				(1/2) time in a year, except that this rule will not be used to maintain
				permanent or continuing employment, or both, in a division of
				service;
3. New positions for which
				allocation to an existing class is not practicable when those positions must be
				filled pending a review of the duties involved and preparation of a class
				specification for approval by the board;
4. Interns, trainees, and participants in
				special state or federal training, rehabilitation, or employment programs
				providing that the objectives of these programs are best served by selection or
				allocation procedures other than those based on competitive examination or
				uniform classification and pay; or
5. Situations in which the special needs of
				the service cannot be met by other appointment or classification and pay
				procedures provided in these rules.