36.050. Advisory board, members, appointment, terms, removal, compensation. - Missouri Statutes

Advisory board, members, appointment, terms, removal, compensation.

36.050. 1. The personnel advisory board and its functions, dutiesand powers prescribed in this chapter is transferred by type III transferto the office of administration.

2. The personnel advisory board shall consist of seven members. Fourmembers of the board shall be public members, citizens of the state who arenot state employees or officials, of good character and reputation, who areknown to be in sympathy with the application of merit principles to publicemployment. Two members shall be employees of state agencies covered bysection 36.030 or section 36.031, one a member of executive management, andone a nonmanagement employee. Members who are employees shall notparticipate in disciplinary appeal decisions from their agencies. Thestate equal employment opportunity officer shall be a member of the board.No member of the board, during the member's term of office, or for at leastone year prior thereto, shall be a member of any local, state or nationalcommittee of a political party or an officer or member of a committee inany partisan political club or organization, or hold, or be a candidatefor, a partisan public office. An employee member who leaves stateemployment or otherwise fails to further qualify for the appointment shallvacate the position.

3. The members of the board shall be appointed by the governor by andwith the advice and consent of the senate. The three current members ofthe board serving terms which expire July 31, 1998, July 31, 2000, and July31, 2002, shall continue to serve for the terms for which they werepreviously appointed. One new public member shall be appointed for a termending July 31, 1998, one employee member shall be appointed for a termending July 31, 2000, and one employee member shall be appointed for a termending July 31, 2002. Thereafter, appointments of all members shall be forterms of six years. Any vacancy shall be filled by an appointment for theunexpired term. Each member of the board shall hold office until suchmember's successor is appointed and qualified.

4. A member of the board is removable by the governor only for justcause, after being given a written notice setting forth in substantialdetail the charges against the member and an opportunity to be heardpublicly on the charges before the governor. A copy of the charges and atranscript of the record of the hearing shall be filed with the secretaryof state.

5. Each public member of the board shall be paid an amount for eachday devoted to the work of the board which shall be determined by thecommissioner of administration and filed with the reorganization plan ofthe office of administration; provided, however, that such amount shall notexceed that paid to members of boards and commissions with comparableresponsibilities. All board members are entitled to reimbursement fornecessary travel and other expenses pertaining to the duties of the board.Duties performed for the board by any employee member of the board shall beconsidered duties in connection with the appointment of the individual, andsuch employee member shall suffer no loss of regular compensation by reasonof performance of such duties.

6. The board shall elect from among its membership a chairman andvice chairman, who shall act as chairman in the chairman's absence. Itshall meet at the times and places specified by call of the chairman, thegovernor, or the director. At least one meeting shall be held every threemonths. All regular meetings are open to the public. Notice of eachmeeting shall be given in writing to each member by the director. Twomembers shall constitute a quorum until January 1, 1997, thereafter, fourmembers shall constitute a quorum for the transaction of official business.

7. To assist in the performance of its duties the board may employstaff from funds appropriated for this purpose; provided, however, thatthis provision shall not be interpreted to limit the ability of thepersonnel director to provide assistance to the board.

(L. 1945 p. 1157 § 5, A. 1949 S.B. 1018, A.L. 1959 H.B. 111, A.L. 1971 S.B. 327, A.L. 1973 1st Ex. Sess. H.B. 8, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146)