Section 36.050

Title IV EXECUTIVE BRANCH

Chapter 36

Effective - 28 Aug 2018, 3 histories, see footnote   (history) 

  36.050.  Advisory board, members, appointment, terms, removal, compensation. — 1.  The personnel advisory board and its functions, duties and powers prescribed in this chapter is transferred by type III transfer to the office of administration.

  2.  The personnel advisory board shall consist of seven members.  Four members of the board shall be public members, citizens of the state who are not state employees or officials, of good character and reputation, who are known to be in sympathy with the application of merit principles to public employment.  Two members shall be employees of state agencies subject to this chapter pursuant to subsection 1 of section 36.030 or any department, agency, or position of the executive branch of state government not exempted from section 36.031, one a member of executive management, and one a nonmanagement employee.  The state equal employment opportunity officer shall be a member of the board.  No member of the board, during the member's term of office, or for at least one year prior thereto, shall be a member of any local, state or national committee of a political party or an officer or member of a committee in any partisan political club or organization, or hold, or be a candidate for, a partisan public office.  An employee member who leaves state employment or otherwise fails to further qualify for the appointment shall vacate the position.

  3.  The members of the board shall be appointed by the governor by and with the advice and consent of the senate.  Appointments of all members shall be for terms of six years.  Any vacancy shall be filled by an appointment for the unexpired term.  Each member of the board shall hold office until such member's successor is appointed and qualified.

  4.  A member of the board is removable by the governor only for just cause, after being given a written notice setting forth in substantial detail the charges against the member and an opportunity to be heard publicly on the charges before the governor.  A copy of the charges and a transcript of the record of the hearing shall be filed with the secretary of state.

  5.  Each public member of the board shall be paid an amount for each day devoted to the work of the board which shall be determined by the commissioner of administration and filed with the reorganization plan of the office of administration; provided, however, that such amount shall not exceed that paid to members of boards and commissions with comparable responsibilities.  All board members are entitled to reimbursement for necessary travel and other expenses pertaining to the duties of the board.  Duties performed for the board by any employee member of the board shall be considered duties in connection with the appointment of the individual, and such employee member shall suffer no loss of regular compensation by reason of performance of such duties.

  6.  The board shall elect from among its membership a chairman and vice chairman, who shall act as chairman in the chairman's absence.  It shall meet at the times and places specified by call of the chairman, the governor, or the director.  At least one meeting shall be held every three months.  All regular meetings are open to the public.  Notice of each meeting shall be given in writing to each member by the director.  Four members shall constitute a quorum for the transaction of official business.

  7.  To assist in the performance of its duties the board may employ staff from funds appropriated for this purpose; provided, however, that this provision shall not be interpreted to limit the ability of the personnel director to provide assistance to the board.

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(L. 1945 p. 1157 § 5, A. 1949 S.B. 1018, A.L. 1959 H.B. 111, A.L. 1971 S.B. 327, A.L. 1973 1st Ex. Sess. H.B. 8, A.L. 1979 H.B. 673, A.L. 1996 H.B. 1146, A.L. 2010 H.B. 1868, A.L. 2018 S.B. 1007)