Unclassified Service

PURPOSE: This rule defines the unclassified service of the state under coverage of the State Personnel Law. (1) Certain positions may be established and filled without regard to provisions of the State Personnel Law or of these rules which relate to the classification and allocation of positions or which relate to the selection, appointment, compensation, and removal of persons employed in these positions. The following positions, as well as others that may be provided in law, including section 36.030.2, RSMo, comprise this unclassified service: (A) Deputy(ies) or other policy-making assistants to the unclassified department director or division director as warranted by the size and complexity of the organization and as approved by the Personnel Advisory Board. Appointing authorities shall submit to the board a written request for each unclassified deputy or other policy-making assistant position describing the size and complexity of the organization, the reasons for requesting the unclassified position, and the relationship of the proposed position to other administrative positions in the agency both classified and unclassified. The duties assigned to unclassified deputies or other policy-making assistants shall not be designed to replace a classified position occupied by an incumbent or to result in the downward reclassification, layoff, or demotion of an incumbent of a classified position; (B) The administrative head of each state medical, penal, and correctional institution, as warranted by the size and complexity of the organization and as approved by the board in the same manner and under the same conditions as provided for unclassified deputies and other policy-making assistants; and (C) Other persons whose employment is such that standard selection and standard classification and compensation practices are not practical under all circumstances as determined by the director. The circumstances which justify that determination shall include the following: 1. Cooperative education programs with secondary schools involving part-time employment of students; 2. Positions involving short-term, parttime, or intermittent work schedules which do not exceed the equivalent of one-half (1/2) time in a year, except that this rule will not be used to maintain permanent or continuing employment, or both, in a division of service; 3. New positions for which allocation to an existing class is not practicable when those positions must be filled pending a review of the duties involved and preparation of a class specification for approval by the board; 4. Interns, trainees, and participants in special state or federal training, rehabilitation, or employment programs providing that the objectives of these programs are best served by selection or allocation procedures other than those based on competitive examination or uniform classification and pay; or 5. Situations in which the special needs of the service cannot be met by other appointment or classification and pay procedures provided in these rules. AUTHORITY: section 36.070, RSMo Supp. 2018.* Original rule filed July 9, 1947, effective July 19, 1947. Amended: Filed Sept. 20, 1947, effective Sept. 30, 1947. Amended: Filed April 23, 1974, effective May 2, 1974. 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 Feb. 25, 1992, effective Aug. 6, 1992. Amended: Filed May 15, 1996, effective Nov. 30, 1996. Amended: Filed Sept. 15, 1998, effective March 30, 1999. Amended: Filed Sept. 16, 2002, effective March 30, 2003. Emergency amendment filed Aug. 17, 2018, effective Aug. 28, 2018, expired Feb. 28, 2019. Amended: Filed Aug. 31, 2018, effective Feb. 28, 2019. *Original authority: 36.070, RSMo 1945, amended 1979, 1995, 2018.