36.370. Suspension of employees — exception for National Guard members, when — appeal from suspension authorized. — 1. An appointing authority may, for disciplinary purposes, suspend without pay any employee in his division for such length of time as he considers appropriate, not exceeding twenty working days in any twelve-month period except that this limitation shall not apply in the event of a terminal suspension given in conjunction with a dismissal. In case of a suspension, the director shall be furnished with a statement in writing specifically setting forth the reasons for such suspension. Upon request, a copy of such statement shall be furnished to such employee. With the approval of the director, any employee may be suspended for a longer period pending the investigation or trial of any charges against him. Any regular employee who is suspended for more than five working days shall have the right to appeal to the administrative hearing commission as provided under section 36.390.
2. An appointing authority may not suspend without pay any employee in his division who is a member of the National Guard and is engaged in the performance of duty or training in the service of this state at the call of the governor and as ordered by the adjutant general, but shall grant a leave of absence from duty without loss of time, pay, regular leave, impairment of efficiency rating, or of any other rights or benefits, to which otherwise entitled, and shall pay that employee his salary or compensation for the entire period of absence for that purpose.
Notes of Decisions
Div. of Fam. Servs. v. Cade, 939 S.W.2d 546 (Mo. Ct. App. 1997).
· cites it 13× “3 Moreover, Section 36.370 specifically requires that in the case of any suspension over five days in length, an employee so requesting shall be furnished with a copy of “a statement in writing specifically setting forth the reasons for such suspension ” (emphasis added).”
Cade v. State, Dep't of Soc. Servs., 990 S.W.2d 32 (Mo. Ct. App. 1999).
· cites it 3× “Hearings before the Personnel Advisory Board (“PAB”) are considered contested cases under § 36.”
Black v. Lombardi, 970 S.W.2d 378 (Mo. Ct. App. 1998).
· cites it 7× “In his first point on appeal, Appellant argues the Board’s decision should be reinstated because Section 36.370, RSMo 1994, 1 authorizes “an appointing authority, for disciplinary reasons, to suspend employees without pay for twenty working days and for a longer period pending…”
Hedges v. Dep't of Soc. Servs., 585 S.W.2d 170 (Mo. Ct. App. 1979).
· cites it 2× “Section 36.370 deals with suspensions and states that any regular employee suspended for more than three days may appeal under the provisions of § 36.”
Merritt v. State Hosp. No. 1, Fulton, 403 S.W.2d 940 (Mo. Ct. App. 1966).
· cites it 2× “Section 36.370, V.A.M.S. vests “an appointing authority” with the authority to suspend an employee for disciplinary purposes but not exceeding ten days in any twelve month period.”
Joseph v. Dishman, 81 S.W.3d 147 (Mo. Ct. App. 2002).
“Under § 36.370, the appointing authority may, for disciplinary purposes, suspend without pay any employee for a period of up to twenty working days in any calendar year.”
Riley v. Marshall Habilitation Ctr., 150 S.W.3d 123 (Mo. Ct. App. 2004).
· cites it 3× “an what was stated in the suspension notices, because the finding is not supported by the record as a whole and is thus arbitrary, capricious, unlawful and an abuse of discretion in that the evidence fully established that MHC actually suspended Riley for numerous reasons not…”
Mo. Rev. Stat. § 36.370(1): 1 case
Div. of Fam. Servs. v. Cade, 939 S.W.2d 546 (Mo. Ct. App. 1997).
“3 Moreover, Section 36.370 specifically requires that in the case of any suspension over five days in length, an employee so requesting shall be furnished with a copy of “a statement in writing specifically setting forth the reasons for such suspension ” (emphasis added).”
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