PURPOSE: This rule prohibits discrimination and influences other than merit in the various aspects of personnel administration.

1. (1) Influences other than merit are prohibited in examinations and employment. Every appointment or promotion to a position covered by the merit system law shall be made on the basis of merit determined by that person’s eligibility ratings established by competitive examinations. Demotions in and dismissals from employment shall be made for cause under rules uniformly applicable to all positions of employment. No appointment, promotion, demotion, or dismissal shall be made because of favoritism, prejudice, or discrimination. Political endorsement shall not be considered in connection with any such appointment. 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 position, or an increase in pay, promotion, or other advantage in employment (see section 36.150, RSMo).

2. (2) Political Activity. Employees covered by merit system provisions of the law may take part in the activities of political parties and political campaigns under the following conditions:

   1. (A) No employee shall be a candidate for nomination or election to any partisan public office or to any nonpartisan office in conflict with the employee’s duties unless such person resigns, or obtains a regularly granted leave of absence from such person’s position. No person elected to partisan public office, while holding office, shall be appointed to any position covered by this law;
   2. (B) Employees may not use their official authority or influence for the purpose of interfering with the results of an election;
   3. (C) An employee may not knowingly solicit, accept or receive a political contribution, on or off the job, from any person who is a subordinate employee of the employee;
   4. (D) An employee may not knowingly solicit or discourage the participation in any political activity of any person who has an application for any compensation, grant, contract, ruling, license, permit, or certificate pending before the employing department of such employee or is the subject of, or a participant in, an ongoing audit, investigation, or enforcement action being carried out by the employing department of such employee;

   5. (E) An employee may not engage in political activity—

      1. 1. While on duty;
      2. 2. In any room or building occupied in

the discharge of official duties;

1. 3. By utilizing any state resources or

facilities;

1. 4. While wearing a uniform or official

insignia identifying the office or position of the employee; or

1. 5. When using any vehicle owned or

leased by the state or any agency or instrumentality of the state;

1. (F) No person, in any manner, shall 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 the merit system portions of the state personnel law; and no employee shall act as agent in receiving or accepting any such financial contribution, subscription, or assignment of pay; and
2. (G) It is unlawful for any person to intimidate, threaten, command, or coerce any employee of the state to engage in, or not to engage in, any political activity, including, but not limited to, voting, or refusing to vote, for any candidate or measure in any election, making, or refusing to make, any political contribution or working, or refusing to work, on behalf of any candidate. No employee of this state shall discriminate against, discipline, or otherwise create a preference for or against any employee subject to such person’s authority as a consequence of such employee’s political belief or expression of such belief. Any person who violates the provisions of this section is guilty of a class three election offense, punishable by a term of imprisonment for not more than one (1) year and a fine of not more than two thousand five hundred dollars ($2,500), or both such fine and imprisonment. Any person convicted of a violation of this section shall lose such person’s position in the agency.

1. (3) Fraud or Obstruction. No person shall make any false statement, certificate, mark, rating, or report with regard to any test, certification, or appointment or in any matter commit or attempt to commit any fraud preventing the impartial execution of the merit system law or these rules. No person, directly or indirectly, shall give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion, or proposed promotion to, or any advantage in, a position subject to the law or these rules. No employee of the Personnel Division, examiner, or other person shall defeat, deceive, or obstruct any person in the right to examination, eligibility certification, or appointment under the law, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in a division of service subject to the law. Any person who violates any provision of this section shall be guilty of a misdemeanor (see section 36.160, RSMo).

2. (4) Prohibition of Discrimination.

   1. (A) Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, discipline, or any other aspect of personnel administration, because of political or religious opinions or affiliations or because of race, creed, color, national origin, ancestry, or any other nonmerit factors is prohibited. Discrimination on the basis of age or sex or physical disability is prohibited except where specific age, sex, or physical requirements constitute a bona fide occupational qualification necessary to proper and efficient administration.
   2. (B) In any case of alleged discrimination for which a review is not provided by the Missouri Commission on Human Rights and Chapter 213, RSMo, or by other provisions of these rules, an applicant or employee who feels adversely affected in an opportunity for employment, in his/her status as an employee, or in his/her condition of employment because of this discrimination, under this rule, may appeal to the Administrative Hearing Commission for a review of the alleged discriminatory action or practice. The request for this review shall be filed by the applicant or employee in writing with the Administrative Hearing Commission within thirty (30) calendar days after the date on which the action or practice is alleged to have occurred and shall set forth in substantial detail the particulars and other information as may be required by the Administrative Hearing Commission.

1 CSR 20-3 AUTHORITY: section 36.060, RSMo Supp. 2010 and section 36.070, RSMo 2000.* Original rule filed July 9, 1947, effective July 19, 1947. Amended: Filed April 23, 1974, effective May 2, 1974. Amended: Filed March 14, 1978, effective June 11, 1978. Emergency amendment filed Sept. 13, 1979, effective Sept. 28, 1979, expired Jan. 25, 1980. Amended: Filed Oct. 12, 1979, effective Jan. 15, 1980. Amended: Filed Nov. 16, 1993, effective July 30, 1994. Amended: Filed July 21, 1994, effective Feb. 26, 1995. Amended: Filed Sept. 15, 1998, effective March 30, 1999. 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: 36.060, RSMo 1945, amended 1971, 1979, 1993, 1995, 2010 and 36.070, RSMo 1945, amended 1979, 1995. Op. Atty. Gen. No. 45, James (5-1-53). Personnel Advisory Board Rule 15.4(b) (now 1 CSR 20-3.080(1)(B)) prohibits employees under the state merit system from being candidates for nomination or election to public office, or engaging in political activities while holding such position. A merit system employee cannot become candidate for election of director to city school board without resigning or securing leave of absence. The merit system employee may attend political mass meeting but cannot take active part except to express opinion or vote on any proposition if afforded the opportunity. Wilderman v. Nelson, 467 F2d 1173 (1972). Welfare caseworker with Missouri Division of Public Welfare could not be dismissed from his job without a pretermination hearing even though employee was not formally tenured because 1) the governmental conduct was here likely to impose a stigma upon the employee that will foreclose future opportunities to practice his chosen profession; and 2) existence of tenure is immaterial (as it affects right to pretermination hearing) to a claim of dismissal in retaliation of employee’s exercise of his constitutional protected right of free speech.