37.010. Commissioner of administration, compensation, oath of office, duties--vacancy, governor to serve. - Missouri Statutes

Commissioner of administration, compensation, oath of office,duties--vacancy, governor to serve.

37.010. 1. The governor, by and with the advice and consentof the senate, shall appoint a commissioner of administration,who shall head the "Office of Administration" which is herebycreated. The commissioner of administration shall receive asalary as provided by law and shall also receive his actual andnecessary expenses incurred in the discharge of his officialduties. Before taking office, the commissioner of administrationshall take and subscribe an oath or affirmation to support theConstitution of the United States and of this state, and todemean himself faithfully in office. He shall also deposit withthe governor a bond, with sureties to be approved by thegovernor, in the amount to be determined by the governor payableto the state of Missouri, conditioned on the faithful performanceof the duties of his office. The premium of this bond shall bepaid out of the appropriation for the office of the governor.

2. The governor shall appoint the commissioner ofadministration with the advice and consent of the senate. Thecommissioner shall be at least thirty years of age and must havebeen a resident and qualified voter of this state for the fiveyears next preceding his appointment. He must be qualified bytraining and experience to assume the managerial andadministrative functions of the office of commissioner ofadministration.

3. The commissioner of administration shall, by virtue ofhis office, without additional compensation, head the division ofbudget, the division of purchasing, the division of design andconstruction, and the division of electronic data processingcoordination. Whenever provisions of the constitution grantpowers, impose duties or make other reference to the comptroller,they shall be construed as referring to the commissioner ofadministration.

4. The commissioner of administration shall provide thegovernor with such assistance in the supervision of the executivebranch of state government as the governor requires and shallperform such other duties as are assigned to him by the governoror by law. The commissioner of administration shall work withother departments of the executive branch of state government topromote economy, efficiency and improved service in thetransaction of state business. The commissioner ofadministration, with the approval of the governor, shall organizethe work of the office of administration in such manner as toobtain maximum effectiveness of the personnel of the office. Hemay consolidate, abolish or reassign duties of positions ordivisions combined within the office of administration, exceptfor the division of personnel. He may delegate specific dutiesto subordinates. These subordinates shall take the same oath asthe commissioner and shall be covered by the bond of the directoror by separate bond as required by the governor.

5. The personnel division, personnel director and personneladvisory board as provided in chapter 36, RSMo, shall be in theoffice of administration. The personnel director and employeesof the personnel division shall perform such duties as directedby the commissioner of administration for personnel work inagencies and departments of state government not covered by themerit system law to upgrade state employment and to improve theuniform quality of state employment.

6. The commissioner of administration shall prepare acomplete inventory of all real estate, buildings and facilitiesof state government and an analysis of their utilization. Eachyear he shall formulate and submit to the governor a long-rangeplan for the ensuing five years for the repair, construction andrehabilitation of all state properties. The plan shall set forththe projects proposed to be authorized in each of the five yearswith each project ranked in the order of urgency of need from thestandpoint of the state as a whole and shall be upgraded eachyear. Project proposals shall be accompanied by workload andutilization information explaining the need and purpose of each.Departments shall submit recommendations for capital improvementprojects and other information in such form and at such times asrequired by the commissioner of administration to enable him toprepare the long-range plan. The commissioner of administrationshall prepare the long-range plan together with analysis offinancing available and suggestions for further financing forapproval of the governor who shall submit it to the generalassembly. The long-range plan shall include credible estimatesfor operating purposes as well as capital outlay and shallinclude program data to justify need for the expendituresincluded. The long-range plan shall be extended, revised andresubmitted in the same manner to accompany each executivebudget. The appropriate recommendations for the period for whichappropriations are to be made shall be incorporated in theexecutive budget for that period together with recommendationsfor financing. Each revised long-range plan shall provide areport on progress in the repair, construction and rehabilitationof state properties and of the operating purposes program for thepreceding fiscal period in terms of expenditures and meetingprogram goals.

7. All employees of the office of administration, except thecommissioner and not more than three other executive positionsdesignated by the governor in an executive order, shall besubject to the provisions of chapter 36, RSMo. The commissionershall appoint all employees of the office of administration andmay discharge the employees after proper hearing, provided thatthe employment and discharge conform to the practices governingselection and discharge of employees in accordance with theprovisions of chapter 36, RSMo.

8. The office of the commissioner of administration shall bein Jefferson City.

9. In case of death, resignation, removal from office orvacancy from any cause in the office of commissioner ofadministration, the governor shall take charge of the office andsuperintend the business thereof until a successor is appointed,commissioned and qualified.

(L. 1971 H.B. 384, A.L. 1977 H.B. 841)

Effective 1-1-78

*Transferred 1978; formerly 26.300

CROSS REFERENCES:

Bidding for construction of a minimum security correctional facility, RSMo 221.500

Cash reserve operating fund, powers and duties, RSMo 33.577

Commissioner's power and duties, RSMo 37.005

Compensation of department heads, RSMo 105.950

State legal expense fund, duties, RSMo 105.711, 105.721