Current through Register Vol. 49, No. 6, March 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.
(3)
Suspension. An appointing authority, for disciplinary purposes, may suspend,
without pay, any employee in his/her division. A suspension may be made for a
length of time as s/he considers appropriate, not exceeding twenty (20) working
days in any twelve- (12-) month period except that this limitation shall not
apply in the event of a terminal suspension given in conjunction with a
dismissal or discharge; a suspension given in connection with a criminal
offense involving the use of a controlled substance; or, with the approval of
the director, a suspension made pending the investigation or trial of any
charges against the employee (see section
36.370, RSMo). Employees
enumerated in 1 CSR 20-5.010(1)(C) and (D)
and designated as exempt from the overtime
requirements of the Fair Labor Standards Act shall not be suspended from duty
without pay for disciplinary purposes unless the said suspension is for one (1)
or more full workdays.
(A) Any employee
covered under section
36.030.1(2),
RSMo being suspended shall be furnished with a statement in writing
specifically setting forth the reasons for the suspension. A copy of the
statement shall be furnished to the director. No suspension of a regular
employee for a period longer than five (5) workdays shall take effect unless,
prior to the effective date, the appointing authority gives to the employee a
written statement setting forth in substance the reason, informs the employee
of appeal rights, provides the employee with a copy of the form for appeal to
the administrative hearing commission, and provides the employee with an
opportunity to respond to the reason prior to the effective date. Any regular
employee who is suspended for more than five (5) workdays may appeal in writing
to the administrative hearing commission within thirty (30) days after the
effective date thereof setting forth in substance reasons for claiming the
suspension was for political, religious, or racial reasons or not for the good
of the service. For the purpose of the appeal process, the effective date of a
suspension will be the first day the employee is suspended without pay. There
is no appeal from a suspension of five (5) working days or less. Employees not
covered under section
36.030.1(2),
RSMo do not have the right to notice or an opportunity to be heard on such
suspension.
(B) Any employee covered
under section 36.030.1(2),
RSMo, being suspended for a period of five
(5) workdays or less shall be given a statement in writing specifically setting
forth the reasons for the suspension. A copy of that statement shall be
furnished to the director. No suspension of a regular employee for a period of
five (5) days or less shall take effect unless, prior to the effective date,
the appointing authority gives to the employee a written statement setting
forth in substance the reason and gives the employee an opportunity to respond
to the reason. Employees not covered under section
36.030.1(2),
RSMo, do not have the right to notice,
opportunity to be heard, or appeal from a suspension. This section does not
prevent an employing agency from bargaining over for-cause protections for
suspensions, so long as no terms affect the employing agency's right to
terminate at will non-regular employees.
(C) An employee who has been convicted of,
pleads guilty to, or pleads nolo contendere for the first time to any criminal
offense involving the use of a controlled substance, and who fails to
satisfactorily meet the requirements of education and treatment as defined in
section 105.1105, RSMo, shall be
suspended for a period of no more than three (3) months. In the case of a
suspension under this section of the law, the appointing authority must provide
the director and the employee with a statement in writing specifically setting
forth the case for suspension and the conditions the employee must meet in
order to be returned from suspension.
(D) In the event that an employee's conduct
or performance is such that change is required as a condition of employment, an
appointing authority may issue to the employee a statement describing the
necessity for change, including what needs to be changed and in what time
period. A permanent record of the conditional employment period may be
established in the employee's service history by notifying the personnel
director in a manner prescribed by the director. This action must contain a
time period that may not exceed three (3) months.
(E) In the event of an instance of
unacceptable conduct by an employee that, in the judgment of the appointing
authority does not warrant immediate suspension, dismissal, or demotion, but
which requires a permanent record, the appointing authority may record such
conduct in the employee's service history by notifying the personnel director
in a manner prescribed by the director. Employees do not have the right to
notice, opportunity to be heard, or appeal from an unacceptable conduct
record.
(4) Demotions. An
appointing authority may demote an employee in accordance with the following:
(A) No demotion for cause of a regular
employee shall take effect unless, prior to the effective date, the appointing
authority gives to the employee a written statement setting forth in substance
the reason, informs the employee of appeal rights, provides the employee with a
copy of the form for appeal to the administrative hearing commission, provides
the employee with an opportunity to respond to the reason prior to the
effective date, and files a copy of the statement of the reason with the
director. Any regular employee who is involuntarily demoted for cause may
appeal in writing to the administrative hearing commission within thirty (30)
days after the effective date thereof setting forth in substance reasons for
claiming that the demotion was for political, religious, or racial reasons or
not for the good of the service. Employees not covered under section
36.030.1(2),
RSMo, do not have the right to notice,
opportunity to be heard, or appeal from a demotion and may be demoted for no
reason or any reason not prohibited by law. This section does not prevent an
employing agency from bargaining over for-cause protections for demotions, so
long as no terms affect the employing agency's right to terminate at will
non-regular employees; and
(B) No
demotions for cause shall be made unless the employee to be demoted meets the
minimum qualifications for the lower class and shall not be made if any regular
employee in the lower class would be laid off by reason of the
action.
(5) Dismissals.
(A) No dismissal of a regular employee shall
take effect unless, prior to the effective date, the appointing authority gives
to the regular employee a written statement setting forth, in substance, the
reason, informs the regular employee of appeal rights, provides the regular
employee with a copy of the form for appeal to the Administrative Hearing
Commission, and provides the regular employee with an opportunity to respond to
the reason prior to the effective date.
(B) Employees not covered under section
36.030.1(2),
RSMo do not have the right to notice, opportunity to be heard, or appeal from a
dismissal and may be dismissed for no reason or any reason not prohibited by
law.
(6) Resignations
from the classified service shall be governed by the following provisions:
(A) Method of Resignation. To resign in good
standing, an employee must give the appointing authority at least fourteen (14)
calendar days prior notice unless the appointing authority, because of
extenuating circumstances, agrees to permit a shorter period of notice. A
written resignation shall be supplied by the employee to the appointing
authority;
(B) An employee who
applies and is approved by the applicable state benefit system for long-term
disability or retirement status shall be deemed to have voluntarily
resigned.
(7) Absence
Without Leave. The following provisions apply to regular employees who are
absent from duty without appropriate authorization:
(A) A regular employee who absents
him/herself from duty without prior authorization and under conditions which
are not subsequently found to justify the granting of leave under these rules,
depending upon the reason for and length of the absence, may be subject to
appropriate discipline as provided in these rules;
(B) If a regular employee is dismissed for a
continuing period of unauthorized absence, the circumstances of which indicate
that the employee does not intend to return to duty, the notice of dismissal
may allow the employee the option of submitting a resignation; and
(C) If a regular employee requests a leave of
absence without pay under these rules and the appointing authority does not
find it practicable to grant leave under its normal policy in those cases, a
continuing absence from duty without leave after the denial of this request
will require the separation of the employee. If the employee, after being so
notified, does not elect to submit a voluntary resignation, the appointing
authority may separate the employee by dismissal as provided in these
rules.
(8) Furloughs of
Employees in the Classified Service. An appointing authority, in accordance
with these rules and procedures approved by the director and the board, may
place an employee in a position subject to this law on a furlough without pay
for a limited period of time whenever deemed necessary by reason of shortage of
funds, or for other reasons which are outside the employee's control and which
do not reflect discredit on the service of the employee. When a furlough or
furloughs become necessary, the appointing authority will present a plan to the
director and to the board describing why a furlough of limited duration is
necessary, the functional areas that are affected, the number of employees who
will need to be furloughed, and a detailed plan indicating why specific
employees have been designated for furlough. Furloughs need not be for a
continuous period for all employees involved. The furlough plan shall be
submitted to the board for approval. Whenever, in the opinion of the director,
there is an urgent necessity for the immediate approval of a furlough plan, the
director may approve a plan until the board has an opportunity to act on the
plan. Upon approval of the plan, employees to be furloughed will be given at
least five (5) working days notice. Once the furlough ends, employees will be
given up to forty-eight (48) hours to report. If the appointing authority
determines that it is necessary to lay the employee(s) off on a permanent
basis, a layoff may be conducted by the appointing authority.
*Original authority: 36.070, RSMo 1945, amended 1979,
1995.
