36.150. Appointments and promotions, how made--no discrimination permitted--political activities prohibited--violations, cause for dismissal.
Appointments and promotions, how made--no discriminationpermitted--political activities prohibited--violations, cause fordismissal.
36.150. 1. Every appointment or promotion to a position covered bythis chapter shall be made on the basis of merit as provided in thischapter. Demotions in and dismissals from employment shall be made forcause under rules and regulations of the board uniformly applicable to allpositions of employment. No appointment, promotion, demotion or dismissalshall be made because of favoritism, prejudice or discrimination. Theregulations shall prohibit discrimination in other phases of employment andpersonnel administration and shall provide such remedy as is required byfederal merit system standards for grant-in-aid programs and is notprovided in chapter 296*, RSMo.
2. Political endorsements shall not be considered in connection withany such appointment.
3. No person shall use or promise to use, directly or indirectly, forany consideration whatsoever, any official authority or influence to secureor attempt to secure for any person an appointment or advantage inappointment to any such position or an increase in pay, promotion or otheradvantage in employment.
4. No person shall in any manner levy or solicit any financialassistance or subscription for any political party, candidate, politicalfund, or publication, or for any other political purpose, from any employeein a position subject to this chapter, and no such employee shall act asagent in receiving or accepting any such financial contribution,subscription, or assignment of pay. No person shall use, or threaten touse, coercive means to compel an employee to give such assistance,subscription, or support, nor in retaliation for the employee's failure todo so.
5. No such employee shall be a candidate for nomination or electionto any partisan public office or nonpartisan office in conflict with thatemployee's duties unless such person resigns, or obtains a regularlygranted leave of absence, from such person's position.
6. No person elected to partisan public office shall, while holdingsuch office, be appointed to any position covered by this chapter.
7. Any officer or employee in a position subject to this chapter whopurposefully violates any of the provisions of this section shall forfeitsuch office or position. If an appointing authority finds that such aviolation has occurred, or is so notified by the director, this shallconstitute cause for dismissal pursuant to section 36.390 and a finaldetermination by the board as to the occurrence of a violation.
(L. 1945 p. 1157 § 43, A. 1949 S.B. 1018, A.L. 1973 1st Ex. Sess. H.B. 8, A.L. 1979 H.B. 673, A.L. 1993 S.B. 31, A.L. 1998 H.B. 927)*Chapter 296 was repealed by S.B. 513, 1986.