PURPOSE: This rule states the general purpose of the rules of the Personnel Advisory Board and Personnel Division and provides for amendment and compliance.

1. (1) These rules give effect to the provisions of the State Personnel Law. The rules shall be applied in accordance with the purposes of the law, which are interpreted and declared to be as follows:

   1. (A) To establish and maintain for certain employees of the state, a merit system of personnel administration to govern the appointment, promotion, transfer, layoff, removal, discipline, and other incidents of state employment on the basis of merit and fitness;
   2. (B) To establish and maintain for certain employees of the state, a uniform system of classification and pay administration to govern the establishment, allocation, and compensation of positions within the classification plan and the use of appropriate class titles in the official records, vouchers, payrolls, and communications, as provided for in section 36.031, RSMo;
   3. (C) To establish for affected employees, rules governing hours of work, holidays, and leaves of absence, as provided for in section 36.350, RSMo; and
   4. (D) To promote effective and efficient personnel management practices in state government and to aid all state agencies in personnel matters.
2. (2) Amendments to the rules shall be adopted by the board only after public hearing unless adopted as emergency rules as provided by law. The amended rules shall be filed with the secretary of state and shall become effective as provided by law. Following the adoption and filing of any amendment, the director promptly shall transmit the amendment to the appointing authorities.
3. (3) Compliance. All officers and employees of the state, under the provisions of the state personnel law, shall comply with and aid in all proper ways in carrying out the provisions of this law and these rules and they shall furnish any records or information which the director or the board may request for any purpose. A state officer or employee who shall fail to comply with any of the provisions of this law or these rules shall be subject to all penalties and remedies provided by law for the failure of a public officer or employee to do any act required by law. The director may maintain an action or proceeding at law or in equity as s/he considers necessary or appropriate to secure compliance with the law and these rules (see section 36.440.1 and 36.440.2, RSMo). Any person holding any position of employment covered by the provisions of this law or these rules who shall willfully violate any provision shall forfeit his/her position as well as his/her eligibility rating and, for a period of at least five (5) years from and after the date of that violation, shall be ineligible for appointment to or employment in any position covered by this law (see section 36.460, RSMo).

AUTHORITY: section 36.070, RSMo 2000.* Original rule filed July 9, 1947, effective July 19, 1947. Amended: Filed Dec. 8, 1975, effective Dec. 19, 1975. Amended: Filed Feb. 25, 1992, effective Aug. 6, 1992. Emergency amendment filed Aug. 27, 2010, effective Sept. 7, 2010, expired March 5, 2011. Amended: Filed Aug. 27, 2010, effective Feb. 28, 2011. *Original authority: 36.070, RSMo 1945, amended 1979, 1995.