36.080. Director--appointment--salary--removal--prohibited activities.
Director--appointment--salary--removal--prohibited activities.
36.080. 1. The director shall be a person who is experienced in theprinciples and methods of personnel administration, who is familiar with andin sympathy with the application of merit principles and efficient methods ofpublic administration. He shall be appointed for a term of four yearsbeginning on July first following the election of a governor, which term maybe renewed at its expiration at the option of the governor; except that theprovisions of this section shall not apply to the incumbent personnel directoron September 28, 1979, who shall retain such merit system status as has beenpreviously attained.
2. The personnel director shall not during his term of office, or forone year prior thereto:
(1) Be a member of any local, state or national committee of a politicalparty;
(2) Be a member of any partisan political club or organization;
(3) Actively participate in any partisan political campaign; or
(4) Hold or be a candidate for any partisan public office.
3. Upon an impending or actual vacancy in the position of director, theboard shall publicly solicit applications for the position and prepare andsubmit to the governor a list of the five most qualified applicants. In thecourse of preparing such a list the board may engage the services of personsexperienced in personnel administration as consultants to assist it inexamining and determining the best qualified available persons for appointmentas director. The board shall be authorized to pay, out of the fundsappropriated to it, the necessary travel and other expenses of any consultantsengaged under the provisions of this section, and may also defray the travelexpenses of candidates for the position who are requested to report for aninterview.
4. The provisions of subdivision (2) of subsection 5 of section 1 of theReorganization Act of 1974 notwithstanding, the total compensation of anydirector appointed after September 28, 1979, shall not exceed the statutorysalary of department heads.
5. The provisions of subsection 8 of section 15 of the ReorganizationAct of 1974 notwithstanding, the governor shall appoint to the position ofdirector, without regard to his political affiliation and subject to theadvice and consent of the senate, one of the persons named on the listsubmitted by the board.
6. The director may be removed by the board for just cause after beinggiven a notice setting forth in substantial detail the charges before theboard. A copy of the charges and a transcript of the record of the hearingshall be filed with the secretary of state.
(L. 1945 p. 1157 § 7, A. 1949 S.B. 1018, A.L. 1955 p. 575, A.L. 1963 p. 103, A.L. 1967 p. 116, A.L. 1971 S.B. 152, A.L. 1979 H.B. 673)