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Chapter 36

Effective - 28 Aug 2010, 2 histories, see footnote (history) bottom

  36.380.  Dismissal of employee — notice, how given — approval for reemployment, when. — An appointing authority may dismiss for cause any employee in his division occupying a position subject hereto when he considers that such action is required in the interests of efficient administration and that the good of the service will be served thereby.  No dismissal of a regular employee shall take effect unless, prior to the effective date thereof, the appointing authority gives to such employee a written statement setting forth in substance the reason therefor and files a copy of such statement with the director.  When it is not practicable to give the notice of dismissal to an employee in person, it may be sent to the employee by certified or registered mail, return receipt requested, at his last mailing address as shown in the personnel records of the appointing authority.  Proof of refusal of the employee to accept delivery or the inability of postal authorities to deliver such mail shall be accepted as evidence that the required notice of dismissal has been given.  If the director determines that the statement of reasons for the dismissal given by the appointing authority shows that such dismissal does not reflect discredit on the character or conduct of the employee, he may, upon request of the employee, approve reemployment under section 36.240, in any class in which the employee has held regular status.  Any regular employee who is dismissed shall have the right to appeal to the administrative hearing commission as provided under section 36.390.


(L. 1945 p. 1157 § 37, A.L. 1973 1st Ex. Sess. H.B. 8, A.L. 1977 S.B. 98, A.L. 2010 H.B. 1868)

(1976) Held, a nonprobationary employee is entitled to a "due process" hearing prior to discharge. Employee has a property interest in his employment which is protected under the fourteenth amendment. Kennedy v. Robb (CAMo.), 547 F.2d 408.

---- end of effective   28 Aug 2010 ----

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36.380 8/28/2018
36.380 8/28/2010 8/28/2018

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