SECOND REGULAR SESSION

HOUSE BILL NO. 915

88TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES HOSMER, BACKER (Cosponsors), GRATZ AND O'TOOLE.

Pre-filed December 21, 1995 and 1000 copies ordered printed.

DOUGLAS W. BURNETT, Chief Clerk

L1920.01I

AN ACT

To repeal section 36.150, RSMo 1994, relating to certain state employees, and to enact in lieu thereof one new section relating to the same subject.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 36.150, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 36.150, to read as follows:

36.150. 1. Every appointment or promotion to a position covered by this [law] chapter shall be made on the basis of merit as provided in this chapter. Demotions in and dismissals from employment shall be made for cause under rules and regulations of the board uniformly applicable to all positions of employment. No appointment, promotion, demotion or dismissal shall be made because of favoritism, prejudice or discrimination. The regulations shall prohibit discrimination in other phases of employment and personnel administration and shall provide such remedy as is required by federal merit system standards for grant-in-aid programs [and is not provided in chapter 296, RSMo].

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 [law] 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 employee selected under the provisions of this law shall be a member of any national, state, or local committee of a political party, or an officer of a partisan political club. Such person shall take no part in the management or affairs of any political party or in any partisan political campaign, except that nothing in this section shall prohibit an employee from attending and participating in a partisan presidential caucus held for the purpose of determining a group of registered voters' preference for the office of President of the United States. 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 full-time partisan public office shall, while holding such office, be appointed to any position covered by this [law] chapter.

[7.] 6. Any officer or employee in a position subject to this [law] 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 under section 36.390 and a final determination by the board as to the occurrence of a violation.