36.120. Changes in or reallocation of positions.

MISSOURI STATUTES AND CODES

36.120. Changes in or reallocation of positions.

Changes in or reallocation of positions.

36.120. 1. Before establishing a new position in divisions of theservice subject to this chapter, or before making any permanent andsubstantial change of the duties, authority or responsibilities of aposition subject to this chapter, an appointing authority shall notify thedirector in writing of the appointing authority's intention to do so,except where the positions may be allocated by the appointing authority.

2. The director may at any time allocate any new position to a class,or change the allocation of any position to a class, or recommend to theboard changes in the classification plan. Any change in the classificationplan recommended by the director shall take effect when approved by theboard, or on the ninetieth day after it is recommended to the board ifprior thereto the board has not approved it. In case of necessityrequiring the immediate establishment of a new class, the director mayestablish such a class on an interim basis pending approval of the class bythe board as recommended by the director.

3. When the allocation of a position to a class is changed, thedirector shall notify the appointing authority. If allocation authority isdelegated, the appointing authority shall notify the director of anychanges in the allocation. If the position is filled at the time ofreallocation to a class, the appointing authority shall immediately notifythe incumbent of the position regarding the allocation change. If theincumbent does not agree with the new allocation, the incumbent may, underconditions specified in the rules, submit to the director a request for areview of the allocation of the position.

4. If any change is made in the classification plan by which a classof positions is divided, altered, or abolished, or classes are combined,the director shall forthwith reallocate the positions affected to theirappropriate classes in the amended classification plan. An employee who isoccupying a position reallocated to a different class shall, subject to theregulations, be given the same status in the new class as previously heldin the class from which his or her position is reallocated. The directormay require that the employee achieve a satisfactory grade on anoncompetitive test of fitness for the class to which his or her positionhas been reallocated.

5. After a class of positions has been approved by the board, thedirector is authorized to make such changes in the class title or in thestatement of duties and qualifications for the class as the director findsnecessary for current maintenance of the classification plan; provided,however, that changes which materially affect the nature and level of aclass or which involve a change in salary range for the class shall beapproved by the board.