Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 20 - Personnel Advisory Board and Division of Personnel › Chapter 3 - Personnel Selection, Appointment, Evaluation and Separation › Section 1 CSR 20-3.070 - Separation, Suspension, and Demotion

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment provides that this rule does
				  not prohibit employing agencies from bargaining over certain employment
				  terms
.
(1) Layoffs in the
				classified service shall be administered by each respective appointing
				authority based on the needs of the service. This section does not prevent an
				employing agency from bargaining over a layoff procedure based on seniority, so
				long as no terms affect the employing agency's right to terminate at will
				non-regular employees.
(2) Causes
				for Suspension, Demotion, and Dismissal. The following are declared to be
				causes for suspension, demotion, or dismissal of any regular employee in the
				classified service, depending upon the seriousness of the cause; however, those
				actions may be based upon causes other than those enumerated below:
(A) The employee has willfully violated any
				of the provisions of the State Merit System Law or of the rules of the
				Personnel Advisory Board;
(B) The
				employee is incompetent, inadequate, careless, or inefficient in the
				performance of the duties of his/her position (specific instances to be
				charged) or has failed to meet established minimum standards in the performance
				of those duties;
(C) The employee
				has been wantonly careless or negligent in the care of the property of the
				state;
(D) The employee has engaged
				in abusive or improper treatment toward an inmate or patient of any state
				institution or to a person in custody; provided the acts committed were not
				necessarily or lawfully committed in self-defense, to protect the lives of
				others, or to prevent the escape of anyone lawfully in custody;
(E) The employee is unable, with or without a
				reasonable accommodation, to perform the essential functions of his or her
				job;
(F) The employee has been
				habitually tardy in reporting for duty or has absented him/herself frequently
				from duty during the course of regular working hours; or has been completely
				absent from duty without prior or subsequent authorization for that
				absence;
(G) The employee has been
				convicted of, or pled guilty to, a felony or of a misdemeanor involving moral
				turpitude;
(H) The employee has
				engaged in scandalous and disgraceful conduct while on or off duty where this
				conduct tends to bring the state service into public disrepute or has exhibited
				behavior which adversely affects the employee's job performance, the employing
				agency, or both;
(I) The employee
				has engaged in abusive or improper treatment of guests or clients while on duty
				at any state facility or on any state land normally open to the
				public;
(J) The employee has
				submitted a false statement of a material fact or has practiced or attempted to
				practice any fraud or deception in an application or examination or in
				otherwise attempting to secure employment subject to the provisions of these
				rules;
(K) The employee has engaged
				in insubordination or has failed to respond in a reasonable manner to his/her
				lawful orders or instructions of persons with duly delegated authority over the
				employee;
(L) The employee has
				willfully violated the lawful regulations or policies of the agency by which
				employed after having been made aware of the regulations and
				policies;
(M) The employee has been
				abusive or physically violent toward other employees while on duty or in the
				duty area or has willfully exhibited behavior which is disruptive of the
				working activities of other employees;
(N) The employee has been intoxicated or
				under the influence of a controlled substance while on duty, except as may have
				been required by a licensed medical physician; or
(O) The employee has practiced or attempted
				to practice fraud or deception in securing or attempting to secure benefits or
				grants from a state agency either for him/herself or for another
				applicant.