Missouri § 36.150 - Appointments and promotions, how made — no discrimination permitted — prohibited activities — violations, cause for dismissal.

§ 36.150. Appointments and promotions, how made — no discrimination permitted — prohibited activities — violations, cause for dismissal.

1.  Every appointment or promotion to a position covered by this chapter pursuant to subsection 1 of section 36.030 shall be made on the basis of merit as provided in this chapter.  No such selection, appointment, or promotion shall be made on the basis of unlawful discrimination proscribed under Missouri law or any applicable federal law.  The regulations shall prohibit such unlawful discrimination in other phases of employment and personnel administration.

2.  Political endorsements shall not be considered in connection with any such appointment.

3.  No person shall use or promise to use, directly or indirectly, for any consideration whatsoever, any official authority or influence to secure or attempt to secure for any person an appointment or advantage in appointment to any such position or an increase in pay, promotion or other advantage in employment.

4.  No person shall in any manner levy or solicit any financial assistance or subscription for any political party, candidate, political fund, or publication, or for any other political purpose, from any employee in a position subject to this chapter, and no such employee shall act as agent in receiving or accepting any such financial contribution, subscription, or assignment of pay.  No person shall use, or threaten to use, coercive means to compel an employee to give such assistance, subscription, or support, nor in retaliation for the employee's failure to do so.

5.  No such employee shall be a candidate for nomination or election to any partisan public office or nonpartisan office in conflict with that employee's duties unless such person resigns, or obtains a regularly granted leave of absence, from such person's position.

6.  No person elected to partisan public office shall, while holding such office, be appointed to any position covered by this chapter.

7.  Any officer or employee in a position subject to this chapter who purposefully violates any of the provisions of this section shall forfeit such office or position.  If an appointing authority finds that such a violation has occurred, or is so notified by the director, this shall constitute cause for dismissal.

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(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, A.L. 2010 H.B. 1868, A.L. 2018 S.B. 1007)

(1994)  Statute does not violate equal protection clause, Art. I, Sec. 2, Mo. Const., where state had legitimate interest in maintaining public confidence in impartial civil service by prohibiting merit employees from being candidates for any partisan political office. Asher v. Lombardi, 877 S.W.2d 628 (Mo. en banc).

---- end of effective  28 Aug 2018 ----

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